MEHAR BANO @ TARANNUM ARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Vishal Kr. Trivedi, learned counsel appearing for the petitioner and Mr. Samir Kumar Lall, learned counsel appearing for the opposite party no. 2.

(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with C/1 Case No. 98 of 2015 including the order dated 18.04.2015 passed by the learned Chief Judicial Magistrate, Jamshedpur whereby and whereunder cognisance has been taken for the offences punishable under Sections 379, 323, 341, 504, 506/34 of the Indian Penal Code.

(3.) It has been stated by the learned counsel for the petitioner that the dispute itself is purely civil in nature and only to falsely implicate the petitioner in criminal prosecution allegation has been made against the petitioner and other accused persons to snatch the gold chain of the informant and committing assault upon him. It has been stated that the petitioner at the relevant point of time was staying in the kingdom of Saudi Arabia along with her husband for which learned counsel for the petitioner has referred to a certificate issued by the petitioner and signed in presence of Vice Consul of the Indian Embassy. Learned counsel submits that even otherwise the statement of the complainant on solemn affirmation reveals that the petitioner had subsequently arrived at the place of occurrence and had forced the informant along with the other inside the house. It has been stated that such act cannot be termed as criminal offence and, therefore, in such circumstance, the entire criminal proceedings as against the petitioner deserves to be quashed and set aside.