Shyam Narayan Lal vs State Of Jharkhand

Anil Kumar Choudhary, J

I.A. No.1000 of 2026

Heard the parties.

Learned counsel for the petitioners submits that this interlocutory application has been filed with the prayer for early hearing of the instant Cr.M.P.

Since, the hearing of instant Cr.M.P. is taken up today, hence, this interlocutory application stands disposed of being infructuous.

Cr.M.P. No.1591 of 2025

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the entire criminal proceeding as well as the FIR being Dhurwa P.S. Case No.124 of 2025 registered for the offences punishable under Sections 126(1), 115(2), 351(3), 85 & 3(5) of the B.N.S., 2023 against the petitioners.

Learned counsel for the petitioners submit that the investigation of the case is still going on and the charge sheet has not yet been submitted.

The Dhurwa P.S. Case No.124 of 2025 has been registered on the basis of the written report submitted by the informant who has alleged that her husband comes to her place of service in Transport Department, Dhurwa, Ranchi and in an organized manner and in conspiracy is exploiting her, in such a manner, that the mental condition, social prestige and the work efficiency of the informant is being destroyed. The only allegation against the petitioners is that the husband of the informant told the informant that the petitioner no.2 & 3 are pressurizing the husband of the informant to divorce the informant.

Learned counsel for the petitioners submit that the allegations against the petitioners are false and there is no allegation against the petitioners of either having subjecting the informant to cruelty or voluntarily causing hurt to her or wrongfully restrained her nor there is any allegation against the petitioners of giving any threat to the informant or anyone else to cause death or grievous injury and all such allegations are only against the husband of the informant, who is not a petitioner in this case. It is next submitted that assuming for the sake of arguments though not admitting, that the petitioner no.2 & 3 have pressurized the husband of the informant to divorce the informant, yet the same does not amount to any offence punishable in law. It is next submitted that the informant has not come to court with clean hands as the informant had suppressed the material fact that the informant earlier lodged Chutia P.S. Case No.114 of 2025 on 17.05.2025 and also instituted Complaint Case No.15599 of 2025 which was filed on 28.04.2025. Relying upon the judgment of the Hon'ble Supreme Court of India in the case of Krishna Lal Chawla & Others vs. State of Uttar Pradesh & Another reported in (2021) 5 SCC 435, it is submitted that therein it has been observed by the Hon'ble Supreme Court of India that it is the litigant's bounden duty to make a full and true disclosure of facts and it is a matter of trite law that suppression of material facts before a court amounts to abuse of the process of the court and shall be dealt with a heavy hand. It is then submitted that on this score also, the entire criminal prosecution against the petitioners is liable to be quashed and set aside. It is lastly submitted that the prayer as prayed for by the petitioners in this Cr.M.P., be allowed.

Learned Addl.P.P. 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 the instant Cr.M.P and submit that the allegations made in the FIR against the petitioners are sufficient to constitute each of the offences in respect of which the FIR has been registered with the aid of Section 3(5) of the B.N.S., 2023. Therefore, it is submitted that this Cr.M.P., 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, this Court finds that in the entire written report basing upon which the FIR of the case has been registered, the main allegations are against the husband of the informant namely Rajesh Kumar. There is absolutely no allegation against the petitioner no.1 except that he is the father of the Rajesh Kumar and the only allegation against the petitioner no.2 & 3 is that the husband of the informant told the informant that they are pressurizing the husband of the informant to dissolve his marriage with the informant by a decree of divorce.

In view of the discussions made above, this Court is of the considered view that even if the allegations against the petitioners are considered to be true in their entirety still none of the offence in respect of which the FIR of Dhurwa P.S. Case No.124 of 2025 has been registered is not made out, hence, this Court is of the considered view that the continuation of this criminal proceeding against the petitioners will amount to abuse of process of law and this is a fit case where the entire criminal proceeding as well as the FIR being Dhurwa P.S. Case No.124 of 2025 registered for the offences punishable under Sections 126(1), 115(2), 351(3), 85 & 3(5) of the B.N.S., 2023 against the petitioners, be quashed and set aside.

Accordingly, the entire criminal proceeding as well as the FIR being Dhurwa P.S. Case No.124 of 2025 registered for the offences punishable under Sections 126(1), 115(2), 351(3), 85 & 3(5) of the B.N.S., 2023 against the petitioners, is quashed and set aside qua the petitioners only.

In the result, this Cr.M.P., stands allowed.