- (1.) Heard the parties.
(2.) In this application, the petitioner has prayed for quashing the order dated 28.08.2014, passed by Shri Nikesh Kumar Sinha, learned Additional Sessions Judge, VII, Dhanbad in Cr. Appeal No. 83 of 2014, whereby and whereunder the order dated 6.6.2014, passed by learned Chief Judicial Magistrate, Dhanbad in connection with C.P. Case No. 1533 of 2012 was affirmed and the appeal was dismissed.
(3.) A complaint was filed by the opposite party no. 2 before the learned Chief Judicial Magistrate, Dhanbad on 19.04.2012, in which it was alleged that the marriage between the petitioner and the opposite party no. 2 had been solemnized on 20.05.1999 and out of the said wedlock, one son and a daughter was born. It has been alleged that at the time of marriage, gift worth Rs. 2 lacs had been given but subsequently the complainants father had been compelled to give Rs. 2 lacs in the year 2000 and from the earning of the opposite party no. 2 and also with the financial help of the family, a land had been purchased, on which the present house/nursing home is situated. It has further been alleged that after few days of marriage, torture had started upon the opposite party no. 2. In the complaint petition, the complainant has stated that the complainant had to bear the expenses on the education and upbringing of her children and the petitioner did not spend a single farthing. It has also been alleged that the petitioner started leading an adulterous life with several women. Since the complainant is a doctor by profession, she was forced to keep a whole time governess for proper upbringing of the children but the petitioner had developed illicit relationship with the said girl also. On 4.5.2011, the complainant had reported the fear she was having with regard to danger to her life but somehow the matter was pacified.;