RAMLAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal miscellaneous petition has been filed for quashing the order taking cognizance dated 4.5.2005 passed by the SDJM, Hazaribagh in Complaint Case No. 263 of 2005, corresponding to T.R. Case No. 1063 of 2005, whereby, the SDJM, Hazaribagh took cognizance for an offence against the petitioner under Section 498-A of the Indian Penal Code and also under Sections 3/4 of the Dowry Prohibition Act.

(2.) The complainant-opposite party No. 2 has filed a complaint petition against the petitioner under Sections 323, 498-A and 406 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

(3.) The case of the complainant in brief is that the complainant was married with the petitioner on 5.6.2002 according to the Hindu rites and rituals at Hazaribagh. The parents of the complainant spent a huge amount in the marriage of the complainant for fulfilling the demand of the petitioner and his family members. Since after the marriage, the petitioner took her to Delhi as the petitioner was working there in a private firm. The complainant stated therein that she stayed there 8-10 months and during this period, her husband always taunted, humiliated and tortured her and not giving the proper food and clothes. Thereafter, they returned back to Hazaribagh and started residing at Muniya Devi's house of the village-Hedlag, which is the house of the petitioner's sister. The further case of the complainant is that the petitioner and his family members always used to torture and pressuring her to bring Rs. 50,000/- cash from her parents. It is further stated in the complaint petition that when the accused persons found that the complainant cannot be forced for money, therefore, they hatched a conspiracy and after completion of one year, the petitioner No. 3 filed an application for divorce under Section 13(B) of the Hindu Marriage Act on 13.6.2003 and coercing the complainant to sign on blank paper and further directed her to give tutored statements in the Court if she wants to live at peace. Thereafter, in April, 2004, the husband (petitioner) brought the complainant to her paternal house and asked her not to come back to his house again. The complainant-opposite party narrated the entire fact to her father and they went to the Court and got the entire thing verified and after applying, she got the certified copy of the order of Matrimonial Suit on 17.4.2004. Thereafter, the complainant filed a miscellaneous case being Misc. Case No. 10 of 2004 for setting aside the decree of divorce before the Principal Judge, Family Court, Hazaribagh. The complainant's case is further that after receiving the summon, the petitioner and his family members came to her house and threatened her and asked her to withdraw the miscellaneous case. Thereafter, the petitioner often used to come and asked the complainant to withdraw the miscellaneous case and sign on a blank paper. On the basis of the complaint petition, the learned Court below has taken cognizance of the offence against the petitioner along with his family members by the order impugned.