PRAVEEN KUMAR, S/O LATE DR. PRASHU PRASAD AGRAWAL RESIDENT OF "PARIJAAT", OPP. BIRLA GROUND, INDRAPURI, ROAD NO.2, RATU ROAD, P.O.HEHAL, P.S.SUKHDEONAGAR, DISTRICT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the inherent power of this Court under Sec. 482 of the Code of Criminal Procedure (in short 'the Code') the petitioner has prayed for quashing of the entire criminal proceeding as well as the order dated 25.04.2013 passed by learned Judicial Magistrate, 1st Class, Hazaribagh in Complaint Case No.595 of 2011 whereby after taking cognizance of the offence under Sections 498A and 323 of the Indian Penal Code against the petitioner and other accused persons, direction has been given to file requisites for appearance of the accused persons.

(2.) Bereft of the unnecessary details, the facts, which is relevant for the proper adjudication of the issue between the parties, in short, is that at the instance of the present opposite party no.2- Jayanti Kumari, who is the wife of the petitioner, aforesaid complaint case was filed with the allegation that her marriage was solemnized with this petitioner on 27.04.2008 as per Hindu rituals and customs and thereafter she came to her matrimonial house at Ratu Road, Ranchi along with the petitioner and as her father was not alive, her brother gifted cash and articles to the petitioner's family and their conjugal life was happy till 10.05.2008 but thereafter the accused persons started teasing her and she called her brother and mother and only after two months of stay at Hazaribagh, she came back to her parents' house on 12.07.2008 but at the instance of her brother she came back to her matrimonial house where she conceived. Even thereafter she was subjected to physical and mental torture and was treated like a maid and finally on 12.10.2008 she was ousted from her matrimonial house.

(3.) The learned court below after recording the statement of the complainant and other witnesses during enquiry under Sec. 202 of the Code, took cognizance of the offence as indicated above. It appears that before filing of complaint case, the petitioner had filed a Title Matrimonial Suit No.71 of 2011 for grant of divorce on the ground of continuous desertion and cruelty by the opposite party.