Nidhi Pareshbhai Patel @ Nidhi Patel 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 of the Code of Criminal Procedure with the prayer to quash the FIR along with the entire criminal proceeding of Chas P.S. Case No. 122 of 2020 including the order dated 23.01.2021 passed in connection with Chas P.S. Case No. 122 of 2020 corresponding to G.R. Case No. 119 of 2021 by the learned Chief Judicial Magistrate, Bokaro as well as the entire criminal proceeding including the cognizance order dated 26.03.2021 passed in connection with Chas P.S. Case No. 122 of 2020 (S) corresponding to G.R. Case No. 405 of 2021 by the learned Chief Judicial Magistrate, Bokaro whereby and where under the learned Chief Judicial Magistrate, Bokaro has taken cognizance against the petitioner for the offences punishable under Sections 498A, 323, 506, 494 and 34 of the Indian Penal Code.

The brief facts of the case is that the husband of the informant has married the petitioner during the subsistence of his marriage with the informant and when the informant went to the house where the husband of the petitioner is residing, the petitioner beat her a lot and caused hurt to the informant by assaulting her and also in furtherance of common intention with the co-accused persons, treated the informant with cruelty by coercing her to meet the unlawful demand of Rs.10,00,000/- and a four-wheeler vehicle and also in furtherance of common intention with the co-accused persons, knowing pretty well that there is a subsisting marriage between the husband of the informant and the informant and still married the husband of the informant. On the basis of the written report submitted by the informant, police registered Chas P.S. Case No. 122 of 2020, took up investigation of the case and after completion of investigation of the case, the police submitted charge sheet; basing upon which, the learned Chief Judicial Magistrate, Bokaro has taken cognizance of the said offences as already indicated above.

Learned counsel for the petitioner submits that the petitioner does not know on which the date, for which purpose and at which court, the case is next fixed. It is next submitted that the informant also instituted Case No. 80 of 2019 before the Adajan Police Station, Surat and a settlement has been arrived at between the husband of the informant and his relatives and the informant. It is then submitted that the allegation against the petitioner is false and the petitioner has no relationship with the husband of the informant. It is further submitted that during the pendency of this case, the informant and the co-accused persons have amicably settled their dispute in the Mediation Center and all the accused persons have been acquitted by the learned Additional Chief Judicial Magistrate, Bokaro. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

Learned counsel appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in this Criminal Miscellaneous Petition and submit that there is direct and specific allegation against the petitioner of beating the informant a lot and causing hurt to her. Further, there is also direct and specific allegation against the petitioner of, in furtherance of common intention with the husband of the informant, treating the informant with cruelty and also marrying the husband of the informant, knowing pretty well that a marriage was subsisting between the husband of the informant and the informant at the time of the petitioner marrying the husband of the informant. It is further submitted that there is no rhyme or reason to quash the entire criminal proceeding as the materials available in the record are sufficient to constitute each of the offences in respect of which the cognizance has been taken by the learned Chief Judicial Magistrate, Bokaro; consequent upon submission of the charge sheet by the police finding the allegations to be true. Learned counsel for the opposite party No.2 submits that the opposite party No.2 has not entered into any compromise with the petitioner. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is submitted by the learned counsel for the opposite party No.2 that there is direct and specific allegation against the petitioner that the petitioner beat the informant a lot when the informant went to the house of her husband with whom causing hurt to the informant. There is also direct and specific allegation against the petitioner of being in further of common intention with the co-accused persons being the husband of the informant, has married the husband of the informant during the life time of the informant when the marriage of the informant and the husband of the informant was subsisting. Further, there is also allegation against the petitioner that the petitioner in furtherance of common intention of the co-accused persons committed criminal intimidation and also cruelty by coercing the informant to meet the unlawful demand of Rs.10,00,000/- and four-wheeler vehicle.

So far as the compromise is concerned, as has rightly been submitted by the learned counsel for the opposite party No.2 that no compromise has been effected to between the petitioner and the informant.

Under such circumstances, in view of the direct and specific allegations against the petitioner, as already discussed above in the foregoing paragraphs of this judgement, this Court is of the considered view that this is not a fit case where the prayer of the petitioner made in this Criminal Miscellaneous Petition be acceded to in exercise of its power under Section 482 of the Code of Criminal Procedure.

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