VEENA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard learned counsel for the petitioners and learned counsel for the State. The complainant opposite party No.2 has not appeared in spite of publication of the notice in the newspaper, after the efforts of service of notice upon him through ordinary process and registered post, failed.

(2.) Petitioners are aggrieved by the order dated 16.6.2006 passed by Sri S.K. Das, learned Judicial Magistrate, 1st Class, Giridih, in complaint case No.376 of 2006, corresponding to T.R. No.1283 of 2006, whereby prima facie offence under Sections 498, 379, 497, 323 / 34 of the Indian Penal Code has been found against the petitioners and process has been ordered to be issued against them. Petitioners have also prayed for quashing the entire criminal proceeding against them in the said case.

(3.) The facts of the case lie in short compass. The petitioners are the wife, father -in -law and mother -in -law of the complainant. It is stated in the complainant that the petitioner Veena Devi is the legally wedded wife of the complainant and they have also a son aged about six years out of the said wedlock. The complainant noticed some changes in behaviour of his wife and he learnt that she was having illicit affairs with accused No.4, and in spite of prohibiting her to meet the said accused, she used to meet and live with him, which led to deterioration of heath of the complainant. When the complainant complained about the behavioural changes of his wife to her parents, they also abused the complainant and it is alleged in the complaint petition that the petitioner Veena Devi came to the matrimonial house and taking her father -in -law in confidence, she withdrew Rs.1,30,605/ - from the account of her father -in -law without his consent on 4.10.2005, and also took away some cash and jewelries from the house and started living with the accused No.4. There is also allegation that the accused persons also came to the house of the complainant on the occasion of Holi and started demanding the jewelries and belongings of the wife, whereupon the complainant replied that she had already taken away everything. It is alleged that thereafter, the accused persons started assaulting the complainant and upon alarm raised by the complainant, some persons came there and the accused persons fled away. With these allegations, the complaint case was filed by the complainant in the Court of the Chief Judicial Magistrate, Giridih, which was registered as complaint case No.376 of 2006. The statement of the complainant was recorded on solemn affirmation, wherein he supported his case, and in answer to the Court's question, he has replied that the accused had not lodged any case against him relating to dowry. He also examined three witnesses in the enquiry stage, on the basis of which prima facie offence as aforesaid has been found against the petitioners, which has been challenged in the petition.