- (1.) The entire criminal proceeding of Kotwali (S. N) P.S case no.336 of 2006 including the order dated 27.6.2007 passed by the then Chief Judicial Magistrate, Ranchi whereby and whereunder cognizance of the offences punishable under Section 498A and 494 of the Indian Penal Code has been taken, is being sought to be quashed on the ground that earlier for the same set of offence, F.I.R had been lodged, allegation of which was found to be false during investigation and thereby final form exonerating the petitioner from the accusation was filed which was accepted.
(2.) Mr.Monoj Tandan, learned counsel appearing for the petitioner submitted that the opposite party no.2-complainant, who has claimed to be wife of the petitioner but, in fact, the petitioner has never married her, rather she happens to be a widow and has been withdrawing family pension on account of death of her husband from the State Bank of India, Panki Branch, Palamau wherein a certificate has been filed by the petitioner stating therein that she has not married anyone whereas statement has been made in the F.I.R that she has married this petitioner on 16.8.2003 which itself gets falsified.
(3.) In this regard it was further submitted that relationship in between the petitioner and the opposite party no.2 is that of an Advocate and the clintess and taking advantage of this situation, she filed a written complaint before the Officer-in-Charge, Sukhdeonagar P.S. on 28.4.2004 stating therein that after being married with this petitioner she was subjected to cruelty on account of non-fulfillment of demand of Rs.1 lac. Upon such written complaint, Kotwali (S. N) P.S case no.209 of 2004 was registered under Section 498(A) of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act. The policeafter investigating the case did find the allegation to be false and accordingly, submitted final form which was accepted by the court. When the final form was submitted, another written report was lodged by the opposite party no.2 alleging therein the same allegation of demand of dowry and also subjection to cruelty, upon which a case was registered as Kotwali (S. N) P.S. case no.336 of 2006 under Section 498(A) of the Indian Penal Code and under Section 3/ 4 of the Dowry Prohibition Act, in which case charge sheet was submitted, upon which court has taken cognizance of the offences punishable under Sections 498(A) and 494 of the Indian Penal Code, though earlier the police had not found the allegation of demand of dowry and subjection to cruelty to be true and therefore, the court committed illegality in taking cognizance of the offence as the court has taken cognizance of the offence on the second F.I.R which was never permissible under the scheme of Code of Criminal Procedure to be lodged, in view of the decision rendered in a case of T.T.Antony vs. State of Kerala and others, 2001 6 SCC 181 and hence, the entire criminal proceeding including the order taking cognizance is fit to be quashed.;