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2022 Supreme(Jhk) 904

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Ashok Kumar Jha - Petitioner
Versus
The State of Jharkhand and ors. - Opposite Parties
Cr.M.P. No. 4146 of 2018
Decided On : 05-05-2022

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Raja Ravi Shekhar Singh, Advocate
For the Opposite Party :Mr. Satish Prasad, Advocate, Mr. S. S. Choudhary, Advocate

The main legal point established in the judgment is the interpretation of the term 'relative' in the context of section 498(A) IPC and the significance of dowry prohibition laws in combating the menace of dowry.

Headnote:

498(A) - Domestic Violence - Section 498(A) IPC, Section 3/4 of the Dowry Prohibition Act - The court discussed the interpretation of the term 'relative' in the context of section 498(A) IPC and the significance of dowry prohibition laws. The court emphasized the need to combat the menace of dowry and considered the transmission of dowry amount in the petitioner's account as a basis for taking cognizance under the Dowry Prohibition Act.

Fact of the Case:

The petitioner filed a petition for quashing an order related to a criminal revision application, which was rejected by the learned Additional Sessions Judge-I, Rajmahal. The complaint alleged physical and mental cruelty, demand for dowry, and harassment against seven individuals, including the petitioner.

Finding of the Court:

The court found that the petitioner's relation with the informant and the transmission of Rs.80,000/- in his account were established facts. It emphasized the need to combat the menace of dowry and considered the demand for dowry coupled with harassment as the basis for taking cognizance under section 3/4 of the Dowry Prohibition Act.

Issues: The issues revolved around the rejection of the petitioner's discharge petition, the interpretation of the term 'relative' in section 498(A) IPC, and the transmission of dowry amount in the petitioner's account.

Ratio Decidendi: The court's decision was influenced by the interpretation of the term 'relative' in section 498(A) IPC and the significance of dowry prohibition laws. It emphasized the need to combat the menace of dowry and considered the transmission of dowry amount in the petitioner's account as a basis for taking cognizance under the Dowry Prohibition Act.

Final Decision: The court dismissed the petitioner's criminal miscellaneous petition, stating that there was no illegality in the revisional order dated 26.11.2018. It emphasized that the argument advanced by the petitioner's counsel could only be appreciated in the course of the trial.

JUDGMENT :

Heard Mr. Raja Ravi Shekhar Singh the learned counsel for the petitioner, Mr. Satish Prasad, for the respondent State and Mr. S.S.Choudhary, the learned counsel for the O.P.No.2.

2. This petition has been filed for quashing of the order dated 26.11.2018 passed in criminal revision no.61 of 2018, passed by learned Additional Sessions Judge-I, Rajmahal whereby challenge to the order dated 19.07.2018 passed by learned Sub Divisional Judicial Magistrate, Rajmahal in connection with Rajmahal P.S.Case No.87 of 2016, corresponding to G.R. No.284 of 2016 has been refused and the criminal revision application has been rejected.

The complaint was filed on 26.05.2016 by the O.P.no.2 alleging therein that the same took the shape of the First Information on 10.06.2016, for alleged occurrence having taken place, one at the nuptial home at Delhi regularly since 20 days after her marriage up to 29.9.2015 and then finally on 25.5.2016 at Rajmahal, for which this case has been filed against seven persons lineally as mentioned in the complaint petition(1) Husband, (2) Sasur,(3) Sash, (4)(5) and (6) Sister in laws and (7) Phufha Sasur, i.e., petitioner. Then she has stated that her marriage was performed on 22.4.2015 in which her parents had given her five bhars of golden ornaments with one ring to her husband worth about Rs.1,50,000/-, silver ornaments worth Rs.15,000/- utensils worth Rs.20,000/- along with other items and Rs.1,75,000/- cash to her husband out of which Rs.80,000/- was transferred in account no.11705077325 of accused No.7 on 24.3.2015 and 20,000/- on 9.04.2015 by two cheques bearing No.022611 and 022612 and rest amount was delivered cash in the marriage canopy.

Then it is further stated that after marriage she went to her nuptial home where she was kept properly for 20 days, thereafter all the accused persons subjected her to physical and mental cruelty for the fulfillment of the demand of Rs.2,00,000/- on the averment that her father is employed in Civil Court and earns a lot, then only they will keep her properly otherwise she will be throttled to death and her corpse will be thrown in river Jamuna and her parents won’t be able to do anything against them. Upon which she protested by saying that her father is a fourth grade employee blessed with one another daughter and one son, therefore he won’t be able to fulfill their illegal demand. Thereafter the aforesaid accused persons started treating her to more cruelty by keeping her starving and abusing her on every occasion and on falling ill did not get her properly treated, regarding which she sent information to her parents upon which they asked witness Binay Mishra on phone to attend her, then that Binay Mishra came to her sasural and pacified the accused persons, upon which for few days she stayed properly. Thereafter again they switched back to their old behaviour on the instigation of one Parmanand Jha, s/o Sadanand Jha, maternal brother of her husband.

Then, it is also further stated that, in course the aforesaid accused persons threw acid container upon her body for burning her face but she ducked and the acid container fell on the floor which turned white, while two to four drops fell on her cloth resulting in holes. Meanwhile she fell down with fever and on her sasural peoples not getting her treated then on 26.9.2015 on phone she informed her father upon which on 28.9.2015 her father reached Delhi and on 29.9.2015 her father along with witness Binay Mishra went to her sasural where her father on touching her found her body burning due to high fever and her face having turned red. On seeing her father she started crying, then all the accused persons hurled filthy abuses upon her father and asked him to deposit Rs.Two lacs of dowry otherwise to take his daughter with him. Binay Mishra tried to pacify them but they did not heed to his pleas and in that physical condition after snatching her ornaments and mobile phone and holding her by the lock of her hairs all the

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