- (1.) THIS application has been filed for quashing of the entire criminal proceeding of Complaint Case No.1103 of 2011 including the order dated 21.11.2012, whereby and whereunder cognizance of the offences punishable under Sections 498A and 406/34 of Indian Penal Code has been taken against the petitioners.
(2.) BEFORE adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of. It is the case of the complainant -opposite party no.2 that she had married petitioner no.2, Amitabh Choudhary in the year 2005. At the time of marriage, jewelries, household articles as well as cash were given. After the marriage when the complainant came to her matrimonial home at Jamshedpur, the accused persons started humiliating her from the very next day by saying that she has brought insufficient dowry. The petitioner no.2, raised grievance before her that car was not given to him by her parents. Both the petitioners, husband and the mother -in -law created such a situation that the complainant had to leave her matrimonial home after staying only for five days but the accused persons did not allow her to take Stridhan with her. When she after leaving her matrimonial place started living with her parents at Gumla, her husband did visit her but did not take her to Jamshedpur. However, when the complainant gave birth to a baby girl, the attitude of the accused persons towards complainant became more worst. The husband never cared for well being either of her or newly child baby. Therefore, in such situation, the complainant had to make a complainant before the National Women Commission. Thereafter when the complainant shifted to Ranchi from Gumla husband was persuaded to come to her house at Ranchi, who visited the house at Ranchi but put forth the demand of Rs.5 lacs. The petitioner no.2 never wanted to live with the complainant still he filed an application under Section 9 of the Hindu Marriage Act before the court of Principal Judge, Family Court, Jamshedpur with mala fide intention. However, the matter was compromised whereby the husband gave undertaking to keep her properly. Accordingly, the complainant started living along with the husband and mother -in -law at Ranchi . There also the accused persons humiliated her at several occasions and put forth demand of money. The husband again started torturing her mentally and physically. Upon which Rs.1 lac was given to the husband. In spite of money being given, the husband went on subjecting her to cruelty for having more money and therefore, the complainant wanted to live separately. The complainant intended to bring household articles which had been bought by her and had been kept in the house where she was living with her husband but she at the same time apprehended that the petitioner no.2 may do harm to her and therefore, she lodged a case with the Women Police Station. When the petitioner no.2 came to know about it he started mounting pressure to withdraw that complaint and give divorce to him. When she denied, she was beaten by her husband and was driven out of the house.
(3.) ON such complaint, cognizancc was taken for an offence punishable under Sections 498A and 407 of the Indian Penal code, vide order dated 21.11.2011, which is under challenge.;