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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Anil Kumar Dash @ Anil Kumar Das – Appellant
Versus
State of Jharkhand. – Respondent
Cr.M.P. No. 1511 of 2010
Decided on : 05-04-2023
Hindu Marriage Act – Section 9 – Criminal Procedure Code,1973 - Section 200 ,202 and 203 – Restitution of conjugal right – Compromise – Filed for quashing of the order – Held, court has gone through materials available on record including two impugned orders and finds that admittedly allegations are made in complaint that, accused persons abducted the petitioner and learned court has found that on that day, in a proceeding before civil court, petitioner had appeared through representation - It is well settled that enquiry under Section 202 Cr.P.C. is meant for coming to prima facie case, at same time, it is duty of learned court to find out the truthfulness of the case - There are concurrent findings of two courts and there is no injustice done to petitioner - It is well settled that there if no injustice is done, in garb , second revision is not maintainable - Petition is dismissed.
JUDGMENT :
On repeated calls, nobody has responded on behalf of the State.
2. Heard Mr. P.P.N. Roy, learned senior counsel appearing for the petitioner and Mr. Rakesh Kumar Sinha, learned counsel appearing for the O.P. Nos. 2 to 4.
3. This petition has been filed for quashing of the order dated 23.08.2010, passed by the learned Additional Judicial Commissioner, Fast Track Court-X, Ranchi, in Criminal Revision No. 141 of 2008, whereby the court has been pleased to dismiss the revision petition and affirmed the order dated 28.11.2008, passed in Complaint Case No. 709 of 2007, by which, the learned court was pleased to dismiss the complaint case under Section 203 of the Cr.P.C.
4. The prosecution case has been instituted on the basis of the Complaint petition filed by the complainant namely Anil Kumar Das (Petitioner herein) stating therein that he was married to Kumari Anuja @ Pushpi on 09.05.1997.
The complainant further stated in the complaint that earlier Comp. petition filed under Com. Petition no. 1008/2006 same was withdrawn by the complainant due to false assurance of accused persons on the ground of compromise but compromise has been filed. As such complainant has filed fresh complaint case for same relief and similar cause.
The complainant further stated in the complaint that on 10.05.1997 Kumari Anuja @ Pushpi went to in- laws with her husband (Complainant) and she returned to Ranchi with ornaments, rupees, bartan and cloths etc. on 13.05.97 and thereafter the complainant tried to bring his wife to lead conjugal life but she did not come to her husband house.
The complainant further stated in the complaint that whenever the complainant used to go to his sasural all the accused persons namely Shudhanshu Shekhara @ Manoj. Himanshu Shekhar @ Munna, Shubhanshu Shekhar @ Nunu and other used to get statement of the complainant recorded according to their will. The accused persons never sent the wife of the complainant with him and always used to demand money from the complainant which fact was being intimated to S.P. Chandiauli, U.P.
The complainant further stated in the complaint that the complainant used to lodge complaint to the Superintendent of Police, Chandauli, (UP) the S.P. Chandauli (U.P.) used to write the Superintendent of Police, Ranchi for taking legal action but no action of any kind was taken by the police against the accused persons.
The complainant further stated in the complaint that when no Bidagiri was made and the wife of the complainant refused to come with him then the complainant filed a case U/S 9 of the Hindu Marriage Act being Matrimonial Case No. 6 of 2000 in the court of District Judge, Kaimur at Bhabua for restitution of conjugal right.
The complainant further stated in the complaint that having learnt about the filing of the aforesaid Matrimonial Case No. 6/2000 then the wife of the complainant and his brothers with a common intention conspired each other and lodged an FIR, in Argora police Station, Ranchi being Doranda (Argora) P.S. Case No. 207/2003 U/S 498(A) of Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the complainant, his father, mother, brotherin- law, bhaujai and sister. In this way all the family members were roped in this case to harass and humiliate them.
The complainant further stated in the complaint that in said case all the accused persons except the complainant were granted anticipatory bail and the complainant surrendered in the court of the learned Chief Judicial Magistrate, Ranchi and prayed for bail and he was released on bail.
The complainant further stated in the complaint that on 06.05.2006 was the date fixed in the aforesaid case and the complainant along with his father Angad Das, Uncle Bechan Das and Phupha Arjun Das had come to Ranchi to attend the court then the accused persons alongwith other at about 2:20 p.m. near the Kutchery Gate beat the complainant and abused him and by threatening to kill the complainant got his signature of the father, uncle
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