MD. NAIMUDDIN 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. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the F.I.R. of Gonda P.S. Case No.94 of 2023 corresponding to G.R. Case No.3198 of 2023 including the order dtd. 21/11/2023 whereby and where under on the basis of the charge-sheet submitted against the petitioner by the police, the learned Judicial Magistrate-1st Class XXI, Ranchi has taken cognizance of the offence punishable under Sec. 498 A of the Indian Penal Code.

(3.) The allegation against the petitioner is that the petitioner while studying in I.A. married the informant but as the informant could not bear any child he again married with Nilufar Parween and for the last 10-11 years till the institution of the F.I.R., the petitioner is not talking to the informant and living with his second wife and he is assaulting her and abusing her. The petitioner along with his second wife has looted the Patta of the house constructed by the informant and assaulted her and threw out her from the house. The petitioner is having illicit relationship with two other ladies and on being protested against the same, the informant has been thrown out from her house. On the basis of the written report submitted by the informant, police registered Gonda P.S. Case No.94 of 2023 and took up the investigation of the case and after completion of the investigation police submitted charge-sheet against the petitioner for having committed the offence punishable under Sec. 498 A of the Indian Penal Code.