MUNNI DEVI ALIAS MUNNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings passed in Palamau (Daltonganj) P.S. Case No. 396/98, G. R. No. 1282/98 dated 23-11-98 including order dated 12-2-1999, whereby and whereunder learned CJM, Palamau at Daltonganj issued non-bailable warrant of arrest against the petitioners.

(2.) Facts leading to the filing of the application are that Manjari Khatoon lodged a complaint in the Court of learned CJM, Palamau at Daltonganj against her husband and 10 others including petitioners alleging, inter alia, therein that she was married with Md. Shamsad Alam on 18.4.98 with Mehar of Rs. 11,000/- and before that Rs. 33,000/- was also given for purchase of scooter. On the next day of marriage complainant was not given food and she was not properly treated by her husband and in-laws and a sum of Rs. 40,000./- was also demanded. She came back to her Naihar and when she went to her sasural, it is stated that accused persons including petitioners tried to coerce her during her stay for 2-3 days and thereafter there was a panchayati but even then the matter could not be resolved and when she tried to get the matter reconciled it could not be done due to non- co-operation of her husband and, therefore, this complaint case has been filed.

(3.) Learned counsel appearing for the petitioners submitted that petitioners are residing in different districts in their respective Sasurals and petitioner Smt. Munni Devi @ Munni is married sister of Shamsad Alam and petitioner Smt. Maghfura Bibi is mother-in-law of Md. Naushad Alam, who is the elder brother of Md. Shamsad Alam and they did not know about the entire story which has occurred and they learnt from the records of the case that on 18-4-98 Md. Shamsad Alam married with complainant and he did not find any characteristic of woman in Manjari Khatun and in the night itself the husband of the complainant Md. Shamsad Alam called the relations to see that a fraud has been committed upon him by the parents of Manjarl Khatun and on the next day the relations of Manjari Khatun like the brothers and others were called at chatra at his residence and a Panchayatl was held and panches decided to get the marriage terminated for the reason that Manjari Khatun has no womanhood and accordingly they decided to return all the articles along with Denhohar to Manjari Khatun, which was received by her brother and all the members of Panchayati signed the paper as witnesses thereon. It was further pointed out that Md. Shamsad Alam lodged a complaint four months prior to the filing of the complaint petition against the parents of Manjari Khatun for playing fraud and taking away the articles under Section 406/420 IPC and that complaint was transferred to Sadar P.S. Chatra, which, was registered as Sadar P. S. Case No. 85/98, in which warrant was issued on 14-9-98 and after getting bail order from the learned Court, this complaint case was filed by way of vengeance.