Mahesh Kumar Chaudhary @ Mahesh Choudhary vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Jhk) 978

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Mr. Mahesh Kumar Chaudhary @ Mahesh Choudhary – Appellant
Versus
The State of Jharkhand – Respondent
Cr.M.P. No. 1291 of 2021
Decided on : 16-06-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. H.K. Chaturvedi, Mrs. Anjali Chaturvedi, Advocate.
For the Respondent:Mrs. Priya Shrestha, Mr. A.K. Sahani, Advocate.

Headnote:
Indian Penal Code, 1860 – Section 498-A – Criminal Procedure Code, 1973 – Section 62, 65, 41-A, 482 – Special Marriage Act, 1954 – Quashing of FIR – Entire criminal proceedings – Petition has been filed for quashing of FIR, being Mango P.S. Case., including order, passed by learned Judicial Magistrate, 1st Class, whereby six non-bailable warrants of arrest were issued against petitioners, pending in that court – Held, Since it has been held that in this case how petitioner nos. 1 and 2 have been arrested without following due process of law, Court feels that State of Jharkhand come forward with certain guidelines so that in such matters, which is trivial in nature, innocent people may not be arrested only due to highhandedness of police – State of Jharkhand can look into guidelines of Delhi Police and as held by Division Bench of Delhi High Court, which has been dealt hereinabove, so that Jharkhand Police may act in accordance to that guideline and in future, Jharkhand Police may be referred as a Model Police – Let a copy of this order be communicated to the Chief Secretary, Home Secretary, Director General of Police, Jharkhand to look into the observation made and to consider to frame / adopt such guidelines – Court hope and trust that higher authorities of State of Jharkhand will consider this in its right perspective and in a positive way – Ordered Accordingly.

JUDGMENT :

Heard Mr. H.K. Chaturvedi along with Mrs. Anjali Chaturvedi, learned counsel appearing for the petitioners, Mrs. Priya Shrestha, learned Spl.P.P. for the State (O.P. Nos. 1 & 2) and Mr. A.K. Sahani, learned counsel appearing for the O.P. No. 3.

2. This petition has been filed for quashing of the FIR, being Mango P.S. Case No. 68 of 2021, including the order dated 03.04.2021, passed by the learned Judicial Magistrate, 1st Class, Jamshedpur, whereby six non-bailable warrants of arrest were issued against the petitioners, pending in that court.

The FIR was lodged by the O.P. No. 3 on 04.03.2021, alleging therein:-

I, Priyanak Jaiswal (Father’s name Sh. Pradeep Kumar Jaiswal, Resident of Flat no. Orient-2, R-63, Anantara, Ashiyana, Pardih, Mango, Jamshedpur) with Great Modesty submitting my grievance to you, which is described in the following paragraphs:

(a) In the year 2018 when I was working as a Freelancer Artist (Acting, Modelling, etc.), at that time one person namely Prem Chand Shekhar (Father’s name Sh. Mahesh Chaudhary, Resident of: Avistha 7d, Green Field Heights, New Town, Kolkata- 700156) communicated with me through the medium of online marriage portal i.e. Shaadi.com. (b) He conveyed to me through text messages and mobile that he is doing a fine job in Frankfurt, Germany and earning Rs.70 to 80 lakhs yearly and thereafter only by telling this information he offered me the proposal of marriage.

(c) I have told him that it is not possible for me to leave my work at Mumbai and shift to Germany but he regularly made conversation with me and he made me believe that I will be free and independent to work even if I wish to after the marriage.

(d) I believed him and I got ready to marry him, thereafter, both the families have communicated and interacted with each other and in such interaction the mother and father of Prem Chand Shekhar has stated that We people don’t want any kind of dowry either in the form of gift or cash in the marriage.

(e) After this, I got married to Prem Chand Shekhar on 05.10.2018 under the Special Marriage Act at 24 Pargana, Kolkata but again because of the social obligation, the marriage took place in front of guests and relatives on 18.01.2019 at one hotel (Citi Inn, Pardin, Jamshedpur).

(f) My Mother and Father have spent a sum of Rs. 60 lakhs from Engagement Ceremony till Marriage.

(g) After marriage on 03.02.2019 I alongwith my husband Prem Chand Shekhar went to Mumbai where my husband told me to get the Visa and come to Germany and he left for Frankfurt, Germany.

(h) On 10.02.2019, I went to my In-laws place at Kolkata after my In-laws asked me to come over at Kolkata, where my mother-inlaw Mina Devi and father- in – law Mahesh Chaudhary have stated sarcastically that you havnt brought anything in dowry, they also stated that your mother father have promised us to give 50 lakhs cash, one car and one flat in Kolkata reason being your parents have to give this. For this reason my In-laws used to abuse me and the younger brothers of my husband i.e. Prem Kant Shekhar and Nishant shekhar and also the younger sister of my husband i.e. Sania Shekhar were also involved.

(i) Then I have informed my husband about the same but he was silent and didn’t answer me.

(j) In between I have got my Visa and on 18.04.2019 I went to my husband at Frankfurt, Germany. My husband’s behaviour was changed and he left me alone. When I asked him the reason behind acting so different then he told me that if my mother- father wont give 50 lakhs cash, one car and one flat in Kolkata, then he won’t have a relation with me.

(k) There he started abusing me everyday and harassed me in different ways. I have got this affirm confirmation that I have been frauded in the name of marriage. I was feeling mentally sick as my husband used to stay out of the house and I was very disturbed with my loneliness and whenever my husband used to stay at home, he used to harass me in mental and physical ways that It became hard for me to live.

(l)