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2011 Supreme(Jhk) 362

D.K.SINHA
Naushad Alam – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner M/s Jitendra Nath, Sandhya Sahay.
For the State AP P.
For the O.P. No.2. Mr. Arvind Kumar Choudhary.

Judgment

D.K Sinha, J.- The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for the quashment of the order dated 22.3.2007 passed by the S.D.J.M., Madhupur at Deoghar in P.C.R. No. 399 of 2006 by which cognizance of the offence was taken against him under Section 498A of the Indian Penal Code.

2. The prosecution story in short was that the complainant-O.P. No.2 claimed to be the wife of petitioner-Naushad Alam, pursuant to a "Nikah" which was performed on 23.4.2002 and after consummation of their marriage two children were born to them, one of them was son and another was daughter. For the last three years, the Complainant O.P. NO.2 alleged that the petitioner husband demanded Hero Honda motorcycle to be brought from her parental home and in this connection he subjected her to mental and physical cruelty. The matter was informed to her father, who came to the house of the petitioner who tried to pacify the matter and requested him to keep and maliltain his daughter peacefully and then he returned back. The accused then became more violent after the return of the father on the complainant as a result of which she fell ill and












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