SARJU GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) : 1. Through this application inherent power of the High Court has been invoked for quashing the first information report of Jainagar P.S. case no.78 of 2008 (G.R.No.622 of 2008) instituted under sections 147, 323, 341, 504, 498(A), 494, 379/34 of the Indian Penal Code and under section 3/ 4 of the Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Koderma.

(2.) LEARNED counsel appearing for the petitioner submits that marriage of the complainant with petitioner no.4 was solemnized on 8.6.2003 and on the day of the marriage itself it came to the knowledge of the petitioner that complainant is of unsound mind and, therefore, he made complaint with the parents of the complainant as to why they have cheated him in that manner and then complainant was taken back with the assurance that she would be back here after being cured fully. Subsequently, in the year 2003, a petition was filed in the court of Principal Judge, Family Court, Hazaribagh for declaration of the marriage as nullity which was registered as M.T.S No.79 of 2003. Thereupon a notice was issued but when the complainant did not appear, the matter was fixed for ex -parte hearing and on 19.10.2004, marriage was declared as null and void. Thereafter the complainant filed Misc. case bearing no. 3 of 2006 for setting aside the ex -parte decree but that was dismissed on 3.4.2008 and when the decree granted in favour of petitioner no.4 attained its finality, a complaint case was lodged on 10.8.2008 only to wreak vengeance and to harass the petitioner. Thus, from the facts stated above, it is evidently clear that the instant case has been lodged with ulterior motive and, therefore, in view of the decision rendered in a case of State of Haryana and others vs. Bhajan Lal and others [1992 (Supp) (1) SCC 335], the first information report is fit to be quashed.

(3.) IN the result, this application is allowed.