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2022 Supreme(Jhk) 732

SANJAY KUMAR DWIVEDI
Vijay Kumar Singh S/o Late Ram Pawitra Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Saurabh Shekhar, Anurag Kumar.
For the Respondents: Vishwanath Roy, Aashish Kumar.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Saurabh Shekhar assisted by Mr. Anurag Kumar, learned counsel for the petitioners, Mr. Vishwanath Roy, learned counsel for the State and Mr. Aashish Kumar, learned counsel for opposite party no. 2.

2. This petition has been filed for quashing the order taking cognizance dated 30.03.2016 in connection with Giridih (T) P.S. Case No. 189 of 2015, corresponding to G.R. No. 1775 of 2015 registered under Sections 498(A)/494/325/379/34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Giridih.

3. The FIR was lodged by opposite party no. 2 alleging therein that she was married to Sanjeev Kumar on 26.02.2001. At the time of marriage, her father had given Rs. 9,00,000/- in cash as dowry and spend about Rs. 5,00,000/- but her husband and in-laws were not satisfied with the same. They were eager for more dowry in spite of their rude behaviour, her father had given draft of Rs. 90,000/- and Rs. 40,000/- in cash to her husband in March, 2002, but his attitude could not be changed and she was being tortured mentally and physically. It was further alleged that in 2005, her husband had lodged a Matrimonial Suit for

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