KARTIK CHANDRA MAJEE ALIAS KARTIK CHAND MAJEE AND OTHERS Vs. STATE OF JHARKHAND AND ANOTHER
LAWS(SC)-2017-4-139
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on April 28,2017

Kartik Chandra Majee Alias Kartik Chand Majee And Others Appellant
VERSUS
State Of Jharkhand And Another Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The appeal has been filed against the Judgment dated 16.09.2013 passed by the High Court of Jharkhand at Ranchi dismissing the Criminal Miscellaneous Petition filed by the appellant.
(3.) The brief facts of the case are: The appellants are accused in a criminal complaint filed by the second respondent. The first appellant is father-in-law of second respondent. The appellant Nos. 2 to 5 are brothers and appellant Nos. 6 to 9 are sons of the first appellant. The eldest son of the appellant was one i.e. Amiya Kumar Majee. The first appellant disowned his eldest son from all his properties severing all his relations with him by newspaper publication, made by the first appellant on 31.05.1999 which was published in the daily newspaper 'Awaz'. The second respondent married to Amiya Kumar Majee, the eldest son of the first appellant on 5.6.2000 in a temple near her parental house. The complaint was lodged on 5.6.2007 which was filed by the second respondent against all the appellants in which her husband was also impleaded as sixth respondent. The complainant got herself examined in the complaint as well three witnesses. The Judicial Magistrate finding a prima facie case directed on 31.05.2008 to file requisite summons. The second respondent compromised the matter with sixth respondent, her husband Amiya Kumar Majee. The appellants who are accused nos. 1 to 5 and accused nos. 7 to 10 prayed for discharge. It was pleaded by the appellants that the second respondent and her husband were residing separately away from the house of accused persons and first appellant has already disowned Amiya Kumar Majee due to his bad conduct by paper publication dated 31.05.1999. The appellants have no concern with the marital life of the second respondent and her husband and no case has been made out against the appellants to proceed under Section 498A of the Indian Penal Code and the appellants be discharged. The application filed by the appellants was rejected by the Judicial Magistrate First Class on 19.07.2011. The Criminal Revision was filed by the appellant against the aforesaid order, which Revision was dismissed on 11.02.2013 by the Addl. Sessions Judge-V, Dhanbad. The Criminal Miscellaneous Petition under Section 482 Cr.P.C was filed by the appellants before the High Court praying for quashing the entire criminal proceedings and setting aside orders passed. The High Court by its Judgment dated 16.09.2013, dismissed the said application against which this appeal has been filed.;


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