Raushan Kumar 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  CrPC  with  the prayer  for  quashing  the  entire  criminal  proceeding  including  the order dated 10.06.2022 passed in connection with Complaint Case no. 65 of 2020 whereby and whereunder learned JMFC, Giridih has found prima facie case for the offence punishable under Section 498A of IPC against the petitioners.

The allegation against  the petitioners is that  the petitioner no. 1 being the husband, the petitioner no. 2- being the father-in-law and the petitioner no. 3 being the mother-in-law, on 02.12.2019 told the complainant to withdraw the case. The complainant proposed that first the case be compromised then she will withdraw the case. On this score, the petitioners abused the complainant and did marpit with her. On the basis of the complaint, the statement of the complainant on Solemn Affirmation and the statement of the inquiry witnesses, learned Magistrate found the prima facie case for the offence punishable under Section 498A of IPC.

Learned counsel for the petitioners submits that the allegation against the petitioners is false and there is no allegation of treatment of informant with cruelty in terms of Section 498A of IPC after lodging of the FIR by the complainant vide Begusarai Mahila Police Station case no. 03 of 2017 dated 11.02.2017 and the only allegation of abusing and doing marpit, do not constitute any offence, hence, even if the entire allegations against the petitioners are  considered  to  be  true,  still  no  offence  is  made  out  against  the petitioners. It is next submitted that admittedly, the petitioner no. 1 is a Major in the Indian Army and admittedly the opp. Party no. 2 does not want to reside with him, hence, for the purpose of wrecking vengeance, this false case has been foisted against the petitioners.  It  is  lastly  submitted  that  prayer  as  prayed  for  in  this criminal miscellaneous petition be allowed.

Learned Addl. PP and learned counsel for the opp. Party no. 2 on the other hand, vehemently  oppose the prayer of the petitioners and submit that the materials in the record are sufficient to constitute the offence punishable under Section 498A of IPC, 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, it is pertinent to mention here that admittedly the complainant instituted a case against the petitioners in Mahila Police Station at Begusarai in the year 2007, the copy of which, has been annexed as Annexure 3 vide Begusarai Mahila P.S. case no. 03 of 2017 dated 11.02.2017 and there is absolutely no allegation in the complaint, the statement of the complainant on Solemn Affirmation and the statement of the inquiry witnesses, of any cruelty having been perpetrated by the petitioners, in terms of Section 498A of IPC after 11.02.2017 and the only allegation against the petitioners is that they abused the complainant and there was difference of opinion  regarding  whether  to  withdraw  the  case  first  or  whether to arrive at settlement and in that connection, the petitioners abused and did some marpit. Under such circumstances, this Court  is  of  the  considered  view  that even  if  the  entire  allegations are considered to be true in their entirety still the offence punishable under Section 498A of IPC is not made out against any of the petitioners; therefore, continuation of the criminal proceeding against the petitioners will amount to abuse of process of  law  and  this  is  a fit  case  where  the  entire  criminal  proceeding including the order dated 10.06.2022 passed in connection with Complaint  Case  no.  65  of  2020 be  quashed  and  set  aside  qua  the petitioners.

Accordingly, the entire criminal proceeding including the order dated 10.06.2022 passed in connection with Complaint Case no. 65 of 2020 is quashed and set asidequa the petitioners.

In the result, this Criminal Miscellaneous Petition is allowed.