PRIYANKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) : D.K Sinha, J. Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the entire criminal proceedings initiated against them including the order dated 7.1.2005, passed by the Sub -Divisional Judicial Magistrate, Porahat at Chaibasa in G.R. Case No. 75 of 2000, arising out of Sadar P.S. Case No. 15 of 2000, drawn on a complaint petition C/l Case No. 8 of 2000 wherein petitioners were summoned under Section 319 of the Code of Criminal Procedure to stand trial under Section 6 of the Dowry Prohibition Act.

(2.) PROSECUTION story, in short, was that the complainant -opposite party No. 2 Babita Shah was married to the accused Rajesh Kumar Shah on 18.2.1999 at Chaibasa. A sum of Rs. 6,00,000/ - was spent by her father in her marriage including the cost of the articles and cash. When she came to her matrimonial home after marriage, it was alleged that the accused persons including the petitioners started passing derogatory remarks upon her and her parents alleging that sub -standard articles were given in dowry on the eve of her marriage and that her father did not fulfill their demand. They put a demand of Rs. 1,00,000/ - and on information her uncle and brother came to her matrimonial home. It was alleged that her father -in -law and mother -in -law expressed their displeasure on their arrival and humiliated them by throwing the sweets and fruits what they had carried for them. Yet, they put their demand of Rs. 1,00,000/ -constituting dowry agreed to be paid by the parents of the complainant extending otherwise caution that her life would be made miserable in her matrimonial home failing to deliver such amount within a week. In spite of their constant persuasion, the accused were not prepared to listen to their entreaties and gave out pointedly that it was for them to decide as to whether Rs. 1,00,000/ - was more precious or the peace and well being of the complainant. Her miseries aggravated when her food was stopped, followed by frequent physical violence on her person which shocked her conscience.

(3.) THE complaint petition was forwarded under Section 156(3) of the Code of Criminal Procedure and the local police having received the same lodged F.I.R. After investigation, the Investigating Officer submitted final form having found the alleged offence under Sections 498 -A/406 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act against the accused persons including the petitioners.