The court emphasized that the complaint did not need meticulous analysis before the trial to determine whether it would end in conviction or acquittal, and that the mala fides of the informant were of secondary importance.

JUDGMENT :

1. Heard Mr. P.P.N. Roy, learned senior counsel for the petitioners, Mr. Bishambhar Shastri, learned counsel for the State and Mr. Indrajit Sinha, assisted by Mr. Abhijeet Kumar Singh, learned counsel for the O.P. No. 2.

2. This petition has been filed for quashing of order dated 13.06.2017 passed in Complaint Case No. 103/2016 by learned Sub Divisional Judicial Magistrate, Sadar at Chaibasa whereby cognizance has been taken under sections 323, 379, 34 of the Indian Penal Code against the petitioners including entire criminal proceeding in connection with Complaint Case No. 103/2016, pending in the Court of learned Sub Divisional Judicial Magistrate, Sadar at Chaibasa.

3. O.P. No. 2 has filed the complaint case alleging therein as under:-

“The complainant has stated in the complaint petition that he is employed with M/s Tata Steel Ltd. and is working at Noamundi, West Singhbhum.

The Complainant has further said in the complaint that marriage of the complainant was solemnized according to Hindu Vedic rites at Jaipur, Rajasthan on 17th February, 2012 and thereafter, they began leading their conjugal life together at Noamundi, district Singhbhum West.

It is further alleged in the complaint petition that the parents and brother of the accused no. 1 in the complaint petition (petitioner no.1 herein) who were residing in Jaipur, Rajasthan use to interfere in the marriage of the complaint and instigate the accused no. 1 to demand money from her husband and give it to them. The complainant was then constantly pressurized and harassed by the accused no. 1 for money and she quarrel with him and often turn violent and hit him, if her demands were not accepted.

It is further alleged in the complaint petition that on several occasions she abused him and beat him even in front of friends and relatives, often humiliating him deliberately in front of others. She has also denied him any physical contact unless he gave her the money as and when demanded by her. The accused no. 2 who is the brother of the accused no. 1 was always manipulating her to demand money from the complainant and hand it to him.

It is further alleged in the complaint petition that soon after his marriage, the accused no.2 had come to visit him in Noamundi on 13.10.2012 and he asked the complainant for money. The accused no. 1 and 2 had made fun of him and mocked him all the time and they quarreled with him and the accused no. 2 took Rs. 25,000/- from the complainant and left on 15.10.2012.

It is further alleged in the complaint petition that immediately after one month, the accused no. 1 informed her husband that she had to attend an interview in Delhi and she asked him to take her to Jamshedpur where her elder sister’s father-in-law came to pick her up on 19.11.2012. After that she went to her father’s house at Jaipur and refused to return to Noamundi. It was only after mediation between friends and well wishers that she agreed to come to live with the complainant at Noamundi on 26.03.2013.

It is further alleged in the complaint petition that the parents, elder sister’s husband of the accused no.1 had come to visit them at Noamundi in July, 2013. The complainant often heard her advising her daughter that she must learn to control him as quickly as possible so that he would not dare to deny her anything. On the day before they were leaving for Jaipur the accused no. 1 demanded Rs. 30,000/- from the complainant. He did not have the money at hand and the accused no. 1 began to scream at him and hurled abuses saying that he had no respect for her relatives. Her mother and sister also came rushing into the room and warned the complainant that if he did not accept her demands then they would be forced to complain against him and his parents to the police, being emboldened by their support the accused no. 1 slapped him many times while they looked on. The complainant was extremely scared and he arranged for the money and gave her Rs. 30,000/- the next day itself. Immediately