KASHI NATH UPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner Kashi Nath upadhayay has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the entire criminal proceeding arising out of Topchanchi P. S. Case No. 182 of 2005 corresponding to G. R. No. 4835 of 2005 for the offence under Sections 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, pending in the Court of SDJM, Dhanbad wherein, cognizance of the offence was taken on 15-6-2006.

(2.) THE prosecution story in short was that the informant Nipa Upadhyay presented a written report before the Officer-in-Charge of Gomo Police Station on 12-12-2005 narrating therein that she was married to one tarkeshwar Upadhyay son of the petitioner kashi Nath Upadhaya on 10th February, 2003. On the eve of her marriage, sufficient dowry as per demand in cash as well as in kind including Jewelleries, Cloths and Utensils were given. After her marriage she went to her matrimonial home at Burdwan where she lived peacefully with her husband and in-laws. The petitioner father-in-law was working in the Bengal Police. It was alleged that after departure of the relations and guests from her matrimonial home, the behaviour of her in-laws and husband suddenly changed. Her father came on 24th march, 2003 and took her to Gomo after execution of her Bidayee. After about a month she returned to her matrimonial home where her in-laws placed demand of rs. One Lakh and for that they started perpetrating torture. Her father again came there and took her away. On 7th July, 2003 her Dewar Shashi Bhushan Upadhayay came and took her away to her matrimonial home where all the accused persons including her husband and specially her mother-in-law who put the demand of Rs. One lakh, so as to obtain a service for her husband. When she expressed inability of her parents, she was assaulted and segregated from her husband and that her husband also assaulted her at the instance of her mother-in-law. She was confined in a room there, however, taking advantage of wee hours, she come out and made telephone call to her father who immediately came to Burdwan. He was shocked to see her miseries. Her father and sister after informing the matter to the local office of the C. P. M. party took her to Gomo. Her father made contact with her in-laws on telephone but her mother-in-law threatened and cautioned that her entry would be permitted only when she would carry the demanded money. In the mean-time, her father-in-law (petitioner) retired and returned back to village home at bharathi in the district of Siwan (Bihar ). On persuasion, she was taken to Bharathi on 6th May, 2005 by her Dewar Shashi bhushan Upadhayay. In the meantime the father of the informant being scared of the conduct of her in-laws filed informatory petition in the Court of C. J. M. , Dhanbad on 9-5-2005. She narrated having been tortured in various manner at Bharathi and was assaulted by her mother-in-law, sister-in-law and also by her husband. On the information received, her maternal uncle came to whom she narrated her miseries and torture sustained at the hands of her in-laws including husband who had been demanding rs. One lakh and in this connection she alleged that her food was stopped. Ultimately she was rescued by her second cousin who took her away to Gomo with him where she was leading a deserted life in the house of her poor parents.

(3.) THE police after investigation submitted charge-sheet for the offence under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the father-in-law Kashi Nath upadhayay (petitioner), Shashi Bhushan upadhayay (Dewar) and the husband tarkeshwar Upadhayay accordingly, cognizance of the offence was taken against them pending investigation against other accused persons.