DR. SUMIT KUMAR @ SUMIT MANDAL S/O LATE JAMUNI BHUSHAN MANDAL, RESIDENT OF COLLAGE ROAD, RASIKPUR, P.O. & P.S. AND DISTRICT Vs. STATE OF JHARKHAND AND SYAMLI GORAI D/O MATHURA CHANDAR GORIA, R/O RANGILA P.O., P.S. RAMESHAWAR, DISTRICT

JUDGEMENT

(1.) Since in both these matters common questions of law and facts are involved the same are being disposed of by this common order.

(2.) The petitioners in these applications have prayed for quashing the entire criminal proceedings instituted against the petitioners in connection with P.C. R. Case No. 193 of 2013 Corresponding to T. R. No. 1944 of 2013 including the order dated 19.07.2014 passed by the learned Chief Judicial Magistrate, Dumka whereby and where under cognizance has been taken for the offences punishable under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

(3.) The prosecution story as would appear from the complaint petition filed by the opposite party no. 2 is to the effect that the marriage of the complainant was solemnized with the accused no. 1 on 10.05.2009 according to Hindu Rites and custom. It has been alleged that the accused nos. 1 and 2 had started torturing the complainant by demanding a sum of Rs. 2,00,000/- and was pressurising her to ask her father to fulfil such demand. It has been alleged that the accused no. 4 used to provoke the other accused persons for making the demand of Rs. 2,00,000.00. On account of non-fulfilment of the demand made by the accused persons the complainant was ousted from her matrimonial house and all the golden and silver ornaments belonging to her were snatched from her possession. It has been alleged that although the complainant gave birth to a male child on 31.03.2010 but neither the accused persons visited her to see the baby nor she was allowed to stay her at matrimonial house. A First Information Report was instituted at Dumka (T) Police Station on 02.09.2010 which ended in a compromise and the complainant was taken back to her matrimonial house. However, she on account of ill treatment meted out to her started staying at her father's place whereupon she was served with a notice from the Principal Judge, Family Court, Deoghar as a case was instituted for dissolution of the marriage. Ultimately, the complainant filed a First Information Report in which the Investigating Officer has submitted final form and she filed a protest petition which was treated as a complaint petition.