HAMIDAN KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding initiated under Jagarnathpur P.S. Case No. 111 of 2002 corresponding to G.R. No. 2875 of 2002.

(2.) Facts giving rise to the prosecution case are that Zohra Khatoon, informant-O.P. No. 2 filed a written complaint before officerin-charge, Jagarnathpur P.S. stating therein that she was married with Jamil Akhtar according to Mohammedan Law on ?-5-1992 and at that time, Mehar amount of Rs. 5,101/- besides maintenance was fixed and at the time of her departure to her sasural, her father had given articles worth rupees one lakh including Jewellery, furniture and utensils etc. Soon after marriage she was being pressurized and tortured for illegal demand. She has further stated that out of wedlock two children were born, namely, Khalid Akhtar aged eight years and Mujahid Akhtar aged four years respectively. Her father had given rupees fifty thousand in cash before Nikah. Thereafter her mother-in-law Hamidan Khatoon, her nanand Nasira Khatoon and her (nanand) husband Nazmul Ansari and her elder nandosi Hakim Ansari started torturing in various ways. They have sprinkled kerosene oil on her but due to shame she did not disclose it to anybody. Thereafter she informed her relation who persuaded them not to do so, but thereafter also torture continued on her. She was not provided food and was kept locked in a room so that she may not meet anybody. Further, her husband for the last four or five years had developed illicit relationship with one Olga Pentoni who was nurse in C.I.P., Mental Hospital, Kanke as her husband was clerk in that very hospital. She had seen several times both of them indulged in illegal activities and when she persuaded them not to do so, then her husband assaulted her and even threatened to divorce her. According to the Rule, a Government Servant cannot keep more than one wife and her father had once given in writing on 18-7-2002 to the Director, C.I.P. She had one house at Kanke standing in her name which her husband (petitioner No. 1) got it sold and kept the money with him and when she demanded money, he got her signature on a blank paper and kept the paper with him. Further, when he came to know that her father has taken V.R.S. from H.E.C., then he pressed her to demand rupees one lakh and one Yamaha motorcycle from her father but her father is unable to meet this illegal demand because he had got other children also. She has been living for the last six- seven months in her naihar to avoid torture on her by her sasural people. She even went to her sasural but she was always assaulted. On 8-8-2002 accused persons came to her naihar and demanded one lakh of rupees and one motorcycle but that demand was refused by her father, then they snatched her younger son Mujahid Akhtar and went away with him. Thereafter on 8-10-2002.she went with her father and other to her sasural so that she may live with her husband but they refused to keep her and threatened that if demand of money and motorcycle is not fulfilled, in that case he will divorce her. Then her father requested them to return the articles given in dowry but that prayer was refused. Then she is lodging this case, on this piece of information stated in the written statement, Jagarnathpur P.S. Case No. 111 of 2002 under Sections 498A/323/420 of the Indian Penal Code.

(3.) In pursuance of the notice, O.P. No. 2 appeared through vakalatnama.