BABUL MISHRA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Babul Mishra petitioner no. 1 in person and Mr. Krishna Shankar, learned A.P.P. for the State.

(2.) In this application, the petitioners have prayed for quashing of the entire criminal proceedings in connection with Dhanbad Sadar P.S. Case No. 235 of 1998 instituted for the offences punishable under Sections 498A, 406, 494 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

(3.) Initially a complaint case was instituted being Complaint Case No. 209 of 1998 in which it was alleged that the marriage of the opposite party no. 2 was solemnized with the petitioner on 07.03.1991 and Gauna was performed on 27.02.1994. It is alleged that during that period the opposite party no. 2 resided in her matrimonial house and she was subjected to torture and ill treatment by the petitioners for non-fulfilment of the demand of a Colour Television, Scooter and Almirah. It was further alleged that on pressure of the petitioners an amount of Rs. 30,000/- was paid in cash to the petitioner no. 1 for purchasing a scooter. Allegation has been levelled that the petitioner no. 1 had contracted a second marriage with Nibha Kumari. The petitioners had even refused to return back the "Stridhan" of the opposite party no. 2 and ultimately the opposite party no. 2 was constrained to file the complaint petition.