Manoj Kumar Sarkar vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with the prayer to quash the entire criminal proceeding in connection with Complaint Case No. 2306 of 2015 including the order dated 14.03.2016 passed by the learned Judicial Magistrate 1st Class, Dhanbad whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case for the offences punishable under Section 498A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

The allegation against the petitioner is that the petitioner being husband of the complainant, after 15 days of their marriage started treating the complainant with cruelty, demanded money to be brought by the complainant from her paternal house over and above that, the petitioner was making the unlawful demand of Rs.5,00,000/- or in alternative one car. The petitioner used to harass the complainant by assaulting her regularly to coerce her to meet the unlawful demand of Rs.5,00,000/- and other articles to be brought to the complainant from her paternal family and was not allowing the complainant to go out of the house. The petitioner was also not allowing her to talk to her family members over phone unless and until the unlawful demand of money is fulfilled. Further the petitioners was also not allowing the complainant to go to her paternal house. After the birth of her daughter the petitioner did not allow the complainant to enter inside the matrimonial house of the complainant and though the court has directed to pay maintenance of Rs.4,000/- to the daughter and Rs.5,000/- to the complainant, the petitioner did not pay any maintenance. Again, the petitioner went to the paternal house of the complainant and threatened her that unless his unlawful demand is met, he will not maintain her. Thus, the petitioner is adamant to realize the unlawful dowry demand.

On the basis of the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case as already indicated above.

It is submitted by the learned counsel for the petitioner that the allegations against the petitioner are all false and the impugned order has been passed mechanically. It is further submitted by the learned counsel for the petitioner that this case has been filed for wreaking vengeance. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

The learned Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition and submits that there is direct and specific allegation against the petitioner of harassing the complainant to meet the unlawful demand of Rs.5,00,000/- or in alternative a car and other household articles and there is direct and specific allegation against the petitioner of demanding dowry as well. Therefore, no illegality has been committed by the learned Judicial Magistrate 1st Class, Dhanbad in finding prima facie case for the offences punishable under Section 498A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. 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 the materials available in the record, this Court finds that there is direct and specific allegation against the petitioner of harassing the complainant to coerce her to meet the unlawful demand of dowry; as already discussed above in the foregoing paragraphs of this judgment. Hence, in the considered opinion of this Court if the entire allegations made against the petitioner are treated to be true in their entirety, the offence in respect of which the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case is in fact, made out. Hence, there is no justifiable reason to quash the entire criminal proceeding in connection with Complaint Case No. 2306 of 2015 including the order dated 14.03.2016 passed by the learned Judicial Magistrate 1st Class, Dhanbad.

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.