MANOJ KUMAR SARKAR 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 Cr.P.C. with the prayer to quash the entire criminal proceeding in connection with Complaint Case No. 2306 of 2015 including the order dtd. 14/3/2016 passed by the learned Judicial Magistrate 1st Class, Dhanbad whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case for the offences punishable under Sec. 498A of the Indian Penal Code and under Sec. 4 of the Dowry Prohibition Act.

(3.) The allegation against the petitioner is that the petitioner being husband of the complainant, after 15 days of their marriage started treating the complainant with cruelty, demanded money to be brought by the complainant from her paternal house over and above that, the petitioner was making the unlawful demand of Rs.5,00,000.00 or in alternative one car. The petitioner used to harass the complainant by assaulting her regularly to coerce her to meet the unlawful demand of Rs.5,00,000.00 and other articles to be brought to the complainant from her paternal family and was not allowing the complainant to go out of the house. The petitioner was also not allowing her to talk to her family members over phone unless and until the unlawful demand of money is fulfilled. Further the petitioners was also not allowing the complainant to go to her paternal house. After the birth of her daughter the petitioner did not allow the complainant to enter inside the matrimonial house of the complainant and though the court has directed to pay maintenance of Rs.4,000.00 to the daughter and Rs.5,000.00 to the complainant, the petitioner did not pay any maintenance. Again, the petitioner went to the paternal house of the complainant and threatened her that unless his unlawful demand is met, he will not maintain her. Thus, the petitioner is adamant to realize the unlawful dowry demand.