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2022 Supreme(Jhk) 739

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Kalawati Pandey W/o Shri Keshav Prasad Pandey – Petitioner
Versus
The State of Jharkhand – Respondent
Cr. M.P. Nos. 1403 of 2016, 3046, 3378 of 2018
Decided On : 02-05-2022

Advocates:
Advocate Appeared:
For the Petitioners: Rahul Kumar, Apoorva Singh, A.K. Kashyap.
For the Respondents: S.K. Jha, Nilesh Kumar, Sonal Sodhani.

The main legal point established in the judgment is that the High Court should refrain from exercising its power under Section 482 of the Code of Criminal Procedure when the trial is at an advanced stage, and disputed questions of fact are involved.

Headnote:

498A IPC - Quashing of Criminal Proceedings - Sections 140 and 141 C.P.C. - K.G. Premshanker vs. Inspector of Police, (2002) 8 SCC 87 - Sushil Kumar Sharma vs. Union of India and Others, 2005 SCC Online SC 1055 - Kahkashan Kausar @ Sonak and Others vs. State of Bihar and Others, 2022 SCC Online SC 162 - Sangeeta Devi @ Puttu Devi and Others vs. State of Jharkhand and Another, 2021 (4) JCR 499 (Jhr) - Narinder Singh vs. State of Punjab, (2014) 6 SCC 466

Fact of the Case:

The case involved petitions for quashing the criminal proceedings initiated against the petitioners, who were the mother-in-law, father-in-law, and husband of the complainant. The complainant alleged demands for dowry, mental cruelty, physical assault, and harassment by the accused, leading to the filing of a complaint case.

Finding of the Court:

The court found that there were disputed questions of fact involved in the case, which were the subject matter of trial. The trial had already proceeded, and three witnesses had been examined on behalf of the prosecution. The court also noted that the rejection of the discharge petition by the trial court, affirmed by the Sessions Judge, had not been brought on record. As a result, the court dismissed the petitions, stating that it was not the appropriate stage to exercise power under Section 482 Cr.P.C.

Issues: The main issues revolved around the disputed questions of fact, the rejection of the discharge petition, and the stage of the trial proceedings.

Ratio Decidendi: The court emphasized that where the trial is at an advanced stage, the High Court should refrain from exercising its power under Section 482 of the Code of Criminal Procedure. It also highlighted the importance of considering the timing of settlement in cases involving criminal proceedings.

Final Decision: The court dismissed the petitions, stating that it was not the appropriate stage to exercise power under Section 482 Cr.P.C.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Rahul Kumar assisted by Ms. Apoorva Singh, learned counsel for the petitioner in Cr. M.P. No. 1403 of 2016 and Mr. A.K. Kashyap, learned senior counsel appearing for the petitioners in Cr. M.P. Nos. 3046 of 2018 and 3378 of 2018, Mr. S.K. Jha, learned counsel for the State in all the cases and Mr. Nilesh Kumar assisted by Ms. Sonal Sodhani, learned counsel for opposite party no. 2 in all the cases.

2. In all these petitions, common question of facts and laws are involved and that is why with the consent of the parties, these petitions are heard together.

3. In Cr. M.P. No. 1403 of 2016, the petitioner is the mother-in-law of opposite party no. 2, in Cr. M.P. No. 3046 of 2018, the petitioner is the father-in-law of opposite party no. 2 and in Cr. M.P. No. 3378 of 2018, the petitioner is the husband of opposite party no. 2.

4. In all the cases, the prayer has been made for quashing the order dated 26.02.2016 passed by the learned S.D.J.M. Ranchi including the entire criminal proceeding initiated against the petitioners in connection with Complaint Case No. 2052 of 2013, pending in the court of the learned S.D.J.M. Ranchi.

5. The opposite party no. 2 has filed complaint case alleging therein that her marriage was solemnized with Vikram Pandey, who is working as Assistant Manager, IDBI Bank at Hotel BNR Chanakya, Ranchi on 19.04.2012. It was further alleged that after the date of marriage was fixed and the same was communicated to friends and relatives of the complainant, the accused persons started demanding Rs. 12 Lacs in cash from the father of the complainant failing which her daughter's marriage would not be materialized upon which the complainant's father succumbed to their aforesaid demands, burdening himself from loans to avoid cancellation of her daughter marriage and for protecting the family culture and marriage took place on 19.04.2012. It was also alleged that about 35.6 grams of gold and ornaments, Rs. 40,000/- worth of silver ornaments and about Rs. 1 Lac of clothes was gifted to the complainant at the time of bidai by her father. Post marriage, complaint was made by the husband and mother-in-law of complainant regarding non gifting of car and for the same, the father-in-law of the complainant insulted the father of the complainant and husband and mother-in-law started mental cruelty on the complainant. On 21.04.2012, the complainant heard her husband speaking with another lady and telling her that no one can take her place and complainant would be send home and on enquiry it was disclosed that he was talking to his lover Sonu Kalra @ Meenakshi and told her that he had married her under family pressure and that she should get used to living with Sonu Kalra @ Meenakshi and on the same night they had physical relationship. The complainant informed her in-laws and her father-in-law made lewd comments. Thereafter, the complainant's husband had to go to Delhi for which his parents demanded that the Delhi house of the husband be furnished and decorated by her parents and to force her to accept their demands, they stopped her from using all gadgets like TV, washing machine, AC, etc. she was also prevented from appearing in her MA exams but still she appeared on for the exam on 24.04.2012 and 27.04.2012 for which her books were torn and was threatened with dire consequences. It was further alleged that on 29.04.2012, the complainant's husband left for Delhi and the complainant was left alone with her father-in-law and mother-in-law. In the same night, when she went to bed, she left her room unlocked and at midnight she felt some one touching her whereupon she woke up and found her father-in-law half naked trying to undress her and she tried to shout but her father-in-law pressed her mouth and told her that while his son will live with his girlfriend, he will fulfil her needs and make her the queen of the house. However, she broke free and locked herself in the bathroom and next mor

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