RANJAN DEB Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) In this application, petitioner has prayed for quashing the entire criminal proceeding in connection with Argora P.S. Case No. 04 of 2017 registered for the offence under sections 406, 420 and 376(i) of the Indian Penal Code.

(3.) An FIR was instituted by the opposite party no. 2, in which it was stated that the informant who is a resident of Kadru in the district of Ranchi was in jail custody in some false case from 12.8.2014 to 17.9.2016. It is alleged that when after his release he returned home he found that his wife had withdrawn Rs. 54 lacs from their joint bank account . On being asked about the same, his wife refused to answer. It is alleged that his wife had spent Rs.34 lacs and had given Rs.20 lacs to the petitioner on the terms that the petitioner will give her Rs.40,000.00 per month as interest. It is further alleged that money was taken by the petitioner on the pretext that petitioner is to open a new clinic at Patna. It has been stated that amount of Rs.20 lacs was given to the petitioner in instalment. Further allegation has been levelled that the wife of the petitioner had been sexually abused several times by the petitioner at his house as well as in his clinic. The petitioner is also alleged to have sexually abused the wife of the petitioner in Maple Wood Hotel, Ranchi, where the petitioner had booked a room in the name of wife of the petitioner where she was sexually abused on 15.8.2015 and 17.7.2016. Informant further adds that in the third instance, the room was booked in the name of Guitar Teacher of the children of the informant. Further allegation has been levelled that photographs of the wife of the petitioner in a compromising position were also taken. It has also been alleged that after the informant was released from jail custody, the petitioner had tried to sexually abuse his wife and when she refused, the petitioner threatened to upload the photographs in the internet. The informant had divulged that his wife was getting psychiatric treatment, which the petitioner knew. The wife of the informant was also being treated by the petitioner for some dental problem and taking advantage of mental condition of his wife, the petitioner had taken Rs.20 lacs and had also abused her sexually.