Kahnaiya Beldar @ Om Prakash Beldar @ Kanhaiya Beldar vs State Of Jharkhand

Anil Kumar Choudhary

Heard the parties.

This  criminal  miscellaneous  petition has been filed  invoking the jurisdiction of this Court under Section 482 CrPC with the prayer to quash the order dated 05.01.2024 whereby and where under, learned JMFC, Dhanbad has issued the summon against the petitioners after  finding  the  prima  facie case  inter alia  against  the petitioners for having committed the offences punishable under Sections  323,  341,  498A,  307,  313,  506,  34  of  the  IPC  and Sections 3/4 of the D.P.Act in connection with the Complaint Case no. 8529 of 2023, is made out.

The allegation against the petitioners are that the petitioners respectively being the father-in-law and mother-in-law of the complainant - opp. party no. 2, in furtherance of their common intention  with  their son  namely Saurav  Kumar demanded  dowry of Rs. 50,000/- and a bike and treated the complainant with cruelty by harassing her with a view to coerce her to meet the unlawful demand of Rs. 50,000/- and by telling her to indulged in prostitution and they will arrange the prospective customers for prostitution. There is also allegation against the petitioners of forcing the complainant to indulge in illegal business of selling liquor and to wash the glass tumblers in which mahua liquor used to be sold illegally by the petitioner no. 1. There is further allegation  that the  petitioners and  the accused persons attempted to murder the complainant. The complainant has also alleged that she was assaulted and abused frequently by her husband with the aid of the petitioners. On the basis of the complaint, The statement of  the  complainant on Solemn  Affirmation  and the  statement  on the inquiry witnesses, learned Magistrate found prima facie case for the said offence, as already indicated above and took up the investigation of the case.

It  is  submitted  by  the  learned  counsel  for  the  petitioners  that  the complainant in her statement on Solemn Affirmation has stated that it is her husband who used to assault and abuse her and was demanding the dowry. It is next submitted that the petitioners are elderly persons and the petitioners have been implicated in this case with oblique motive, hence, the prosecution of the petitioners to the case, is unnecessary and uncalled for, hence, it is submitted that prayer as made in this criminal miscellaneous petition be allowed.

Learned  Spl.  PP and  learned  counsel  for  the  Opp.  Party  no. 2,  on the other hand, vehemently  oppose the prayer of the petitioners and submit that there are direct and specific allegations against the petitioners of demanding dowry of Rs. 50,000/- and a bike, as has specifically been mentioned in para 3 of the complaint. It is further submitted that there is direct allegation against the petitioner  no.  1 of  harassing the complainant by forcing her to  be involved in illegal sale of liquor; with a view to coerce her to meet the  unlawful  demand  of  dowry.  It  is  next  submitted  that  there  is also allegation against the petitioner no. 2 of taking away the jewellery of the complainant as a means of harassment to the complainant, to coerce her to meet the said unlawful demand. It is further submitted that the materials in the record are sufficient to constitute each of the offences in respect of which, prima facie case has been found by learned Magistrate. Hence, it is submitted that this  Criminal  Miscellaneous  Petition  being  without  any  merit,  be dismissed.

Having heard the submissions made at the Bar and after going through materials available in the record, this Court finds that there is direct and specific allegation against the petitioners of making dowry demand of Rs. 50,000/- and a bike and there is direct  and specific allegation against the petitioners of harassing the complainant in most obnoxious manner by telling her to indulge in prostitution and the petitioners would arrange prospective customers for her or prostitution as a means to coerce her to meet their unlawful demand. True it is that in para 7 of her statement on Solemn Affirmation, the complainant has stated that her husband was demanding the dowry. But this statement that her husband was demanding dowry does not mean that the petitioners were not demanding the dowry, as the complainant has not stated that only have husband was demanding dowry. Under such circumstances, this Court is of the considered view that  the  materials in  the  record,  as  already  discussed  in  detail  in the following paragraphs of this judgement, are sufficient to constitute the offence as in respect of which, the landed Magistrate  has  found  prima  facie  case.  Therefore,  this  Court is  of the considered  view there is no  justifiable  reason  to accede  to  the prayer made by the petitioners in this CrMP in exercise of its power under Section 482 of CrPC.

Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed.