RENU JALAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners herein have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding in complaint Case No. 580 of 2004 corresponding to T.R. No. 1166 of 2005 and also the order impugned dated 6.8.2005 passed by the Sub -Divisional Judicial Magistrate, Ranchi. whereby and whereunder summons were directed to be issued to the petitioners finding a prima facie case for the offence under Section 498 -A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act as against them.

(2.) THE brief fact of the prosecution case is that the complainant/opposite party No. 2. Ruchi Jalan, was married to the petitioner No. 3, Sanjay Jalan in December, 1995 at Bombay. On the eve of her marriage, Jewellaries worth Rs. 21,69,900/ -were given to the complainant to which she upon arrival at her matrimonial home made over it to the petitioners No. 1 and 2 for its safe custody. The complainant delivered a female child on 31st July 1997 but the petitioners were desiring birth of a male child. The complainant alleged that the husband petitioner No. 3 from his first nuptial night/honeymoon, took sadistic pleasure in hurting the complainant and he always proposed for unnatural sex. It was alleged that the petitioner No. 3 had been assaulting the complainant on one slightly pretext of mother and was only pacified by expensive gifts from the complaints father. The petitioner had been abusing her as well as members of her parental family continuously as a result of which she got frustrated and being fed up with the behaviour of the petitioner she tried to commit suicide on 6.9.2001. The petitioner No. 3 started demanding a sum of Rs. 3,00,000/ - to be brought from her father. The complaint contains, however, for the pleasure and proper keeping of his daughter, the father of the complainant obliged him by transferring money to their company under the name and style of Ruchi Dye Chem Ltd. through Global Bank on 8.11.2001. The complainant/opposite party No. 2 after finding the attitude of the petitioners unbearable and hostile and that she and her children were not safe, she returned back to Ranchi and had to seek medical assistance as she suffered injuries on her arms, back, palms and forehead while she was in Mumbai. She tried to maintain her relationship with the petitioner and asked for her jewelleries in order to sustain her children and to look after education and her requirements. In this connection when she visited Mumbai, it was told that all her jewelleries were sold and as such she would not get a farthing. The petitioners asked her never to come again.

(3.) THE opposite party No. 2, Ruchi Jalan filed a counter affidavit in the present petitioner with vakcdatnama duly executed in favour of Mr. A.K. Das, Advocate stating therein that she has obtained divorce from her husband with mutual consent by a decree of divorce and both have amicably parted their ways and there was no demand of either side as her goods, articles and gifts were returned. It has been submitted therein, that in the interest of Justice and in the light of submission made in the counter affidavit, it would be expedient to quash the instant complaint being Complainant Case No. 580 of 2004. The counter affidavit has been signed and affidavited by the opposite party No. 2, Ruchi Jalan duly identified by Krishna Yadav, Advocates Clerk of R. Ranjan.