Dhananjay Kumar Gupta vs The State of Jharkhand

Mr. Rongon Mukhopadhyay, J.—Heard Mr. Sanjay Kumar Tiwary, learned counsel appearing for the petitioner. No one appears either on behalf of the State or opposite party No. 2.

In this application the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 602 of 2007 including the order dated 15.04.2008 passed by the learned S.D.J.M., Garhwa whereby and where under cognizance has been taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act.

A complaint case was instituted by the opposite party No. 2 in which it was alleged that the opposite party no. 2 was married with the petitioner and after sometime there started a demand of dowry and physical torture upon the opposite party No. 2. Allegations have been levelled that on 13.01.2007 the petitioner and the other accused persons had driven out the complainant from his house. On 17.07.2007, the complainant along with her father had come to her matrimonial house where all the accused persons have abused them and have also ousted them from the house of the petitioner.

Upon conducting an enquiry under Section 202 of the Cr.P.C. by examining the complainant on solemn affirmation as well as her witnesses cognizance was taken under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act.

Learned counsel for the petitioner has submitted that the complaint petition was filed on 19.07.2007 which was a counter blast to the earlier suit filed by the petitioner for dissolution of marriage on 06.07.2007 which was registered as Matrimonial Case No. 4 of 2007. It has also been submitted that the complainant is a lady of unsound mind and based on the said ground the suit for dissolution of the marriage has been filed by the petitioner. It has also been submitted that there is too much intervention on the part of the father-in-law of the petitioner and because of such intervention, the complainant was not willing to reside with the petitioner in her matrimonial house. It has also been submitted that wild allegation has been levelled against the petitioner in the complaint petition.

During the pendency of the present application, since the parties were ready to settle their dispute the matter had been referred to JHALSA, Ranchi for settlement but from the report which has been received by this Court dated 08.12.2015 it appears that the mediation between both parties had failed.

The basis for quashing the entire criminal case against the petitioner is of prefering a suit for dissolution of marriage prior to the filing of the complaint case. The suit for dissolution of marriage being Matrimonial Case No. 4 of 2007 is on the ground of the complainant suffering from mental illness and mental cruelty was inflicted upon the petitioner.

Although no one appears on behalf of the opposite party no. 2 but counter affidavit has been filed from which it appears that the suit preferred by the petitioner was dismissed by the learned Principal Judge, Family Court, Garhwa vide judgment dated 21.12.2010.

Learned counsel for the petitioner has submitted that against dismissal of the suit the petitioner has already preferred an appeal which is pending before this Court.

The petitioner is the husband of the complainant and in the complaint petition there is specific allegation against the petitioner of having an affair with some other lady and had also imposed physical and mental torture upon the complainant. Merely because the suit for dissolution of the marriage was filed about ten days prior to the institution of the complaint case that can not be a reason to discard the allegations made in the complaint petition.

In such circumstances, therefore, since there prima facie appears to be a case to proceed against the petitioner, I am not inclined to entertain this application and the same is, accordingly, dismissed.

However, petitioner is at liberty to raise all the points at the appropriate stage.