SANJEEV KUMAR MOHINDRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application the petitioner has prayed for quashing of the order dated 20.04.2010 passed by Sri N. Kumar, Judicial Magistrate, 1st Class, Jamshedpur whereby and where under proclamation has been issued under Section 82 of the Cr.P.C. A further prayer has been made for quashing the order dated 30.09.2010 by which process under Section 83 Cr.P.C. has been issued. The petitioner has also challenged the order dated 04.10.2010 by which the withdrawal petition of the complainant has been rejected.

(2.) A complaint case was instituted in which it was stated that the complainant was married to the accused No. 1 on 21.02.1996. It has been alleged that initially the complainant was treated with dignity but subsequently after a few months the complainant could detect that her husband was in adulterous relationship with his sister-in-law. On protest the complainant was subjected to physically torture and there was an allegation against the complainant of bringing meagre dowry. It has also been alleged that the brother-in-law of the complainant had suggested a relationship with him. In view of the torture meted out to the complainant she had returned to her parental house in early 2005 along with her son who was born out of the said wedlock. The complainant however was reluctant to stay in her matrimonial house to which she returned back as she was being tortured by the accused persons. It has been alleged that on 01.04.2008 some unknown persons accompanied by the husband and brother-in-law of the complainant had assaulted her and had threatened to eliminate her as well as her father. Further allegation has been levelled that the complainant had tried to commit suicide but she was saved by her father who had taken her to a doctor for treatment.

(3.) Based on the aforesaid allegation C/1 Case No. 781 of 2008 was been instituted.