IMPORTANT POINT
Misuse of Section 498-A of the Indian Penal Code and the need for circumspection in exercising the power to quash criminal proceedings.

JUDGMENT :

This matter was referred to the Jharkhand State Legal Services Authority (JHALSA) for mediation between the parties. The mediation report is on the record, wherein, it has been stated that the mediation has failed.

2. In view of that, this petition is being heard on merit.

3. Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioners, Mr. Bhola Nath Ojha, learned counsel appearing for the State and Ms. Sonal Sodhani, learned counsel appearing for opposite party no.2.

4. This petition has been filed for quashing of the entire criminal proceeding arising out of Lower Bazar P.S. Case No.159/2016, corresponding to G.R. Case No.3469/2016 registered under Sections 498A/120B of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act, pending in the court of the learned Judicial Magistrate, Ranchi.

5. Subsequently, the cognizance has been taken against the petitioners vide order dated 10.04.2017 was challenged by way of filing I.A. No.3582 of 2018, which was allowed vide order dated 25.04.2018. Thus, the order taking cognizance dated 10.04.2017 is also under challenge in this petition.

6. The FIR was lodged by one Anshu Pathak, wife of Late Deepak Kumar has lodged a written report before the Officer-in-Charge, Lower Bazar P.S. On 18.06.2016 alleging therein that she was married with Late Deepak Kumar on 08.02.2011 at Heritage Garden, Kokar in which her father had given Rs.3 Lakhs cash and jewelleries worth of Rs.5 Lakhs and in household articles and other marriage expenses incurred Rs.5 Lakhs. The informant has further alleged that just after the marriage, the accused nos. 1 and 3 started abusing and taunting the informant and used to say that her father had not given her dowry as per demand, therefore, asked to bring more Rs.5 Lakhs since her son-in-law had to establish a clinic in Ranchi. The informant always said that her father took loan to solemnize the marriage and at present, he is unable. Moreover, he had to get solemnized marriage of his two daughters but her mother-in-law (accused no.1) and sister-in-law (petitioner no.2) used to get her assaulted and abused through petitioner no.1. It was further alleged that petitioner no.1 used to use abusive words on characters of the informant and her family members. The informant has told about this occurrence to her husband when he came to house and then her husband requested the alleged accused persons not to do such act as his father-in-law was burdened with many responsibilities. On this, the petitioners promised not to do such act further. It was also alleged that the accused Arun Mishra and accused Manoj Kumar also abused the informant whenever they both came to the matrimonial home of the informant and used to ask to bring more dowry. The informant has stated that she kept mum considering the prestige of her late husband who used to say that everything would be proper and his family members would accept them. In the meantime on 17.02.2016, her husband namely Deepak Kumar died of his kidney problem, thereafter, the accused persons started to say that the informant had killed her husband and the accused nos. 1, 2 and 3 thrown her out of the house.

7. Mr. Indrajit Sinha, learned counsel appearing for the petitioners submits that petitioner no.1 is the brother-in-law (Nandoi) and petitioner no.2 is sister-in-law (Nanad) of the informant. The petitioners are living in Ghutuwa, Ramgarh. The petitioner no.1 is a doctor and is in service under the Bihar Government and petitioner no.2 runs a school at Ghutuwa, Ramgarh. In this background, the petitioners have not frequently met with the informant. He further submits that the petitioners have been made accused earlier Patratu (Barkakana) P.S. Case No.169/2016 dated 11.06.2016 was instituted by the informant of the present case for the offence punishable under Sections 454/379/427/34 of the Indian Penal Code and in that case, after investigation the police has found the case false and submitted final form