DHARMENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the order taking cognizance dtd. 1/8/2017 and also the entire criminal proceedings in connection with Complaint Case No.59 of 2017 by which the learned Chief Judicial Magistrate, Sahebganj has found prima facie case for the offences punishable under Sec. 498A of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act against the petitioners.

(3.) The allegation against the petitioners is that after the marriage of the complainant with the accused No.1 of the case namely Jitendra who is not a petitioner herein, the petitioners demanded Rs.10,00,000.00 dowry and assaulted her for which the complainant earlier filed Complaint Case No.619 of 2014. That has ended as there was a compromise. The complainant filed a maintenance case in the family court which was settled through mediation and thereafter the complainant again went to resume conjugal life but after that the demand of Rs.1,00,000.00 was made. On the basis of the complaint, statement on solemn affirmation and statement of the enquiry witnesses, the learned Chief Judicial Magistrate, Sahebganj has found prima facie case for the offences punishable under Sec. 498A of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act against the petitioners.