High Court should not quash legitimate prosecutions unless clear lack of merit is shown, reaffirming the principle of allowing cases to proceed under IPC and Dowry Prohibition Act.

JUDGMENT :

(Anil Kumar Choudhary, J.) :

Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash C.P. Case No.5989 of 2022 as well as the order taking cognizance dated 23.08.2022 by which the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the offences punishable under Sections 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioners and the said case is now pending in the court of learned Judicial Magistrate-1st Class, Dhanbad.

3. The brief facts of the case is that after the marriage of the complainant with the petitioner No.1, the petitioners were treating the complainant with cruelty in connection with demand of dowry of Rs.5,00,000/-.

4. Learned counsel for the petitioners submits that the complainant on the same day of filing the complaint, also filed an application under Section 125 of Cr.P.C. with a prayer for grant of maintenance in Family Court, Dhanbad and in her deposition in Original Maintenance Suit No.298 of 2022, the complainant has stated that she was at her paternal house on 05.05.2022. Hence, it is submitted that the C.P. Case No.5989 of 2022 as well as the order taking cognizance dated 23.08.2022 by which the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the offences punishable under Sections 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioners; which is now pending in the court of learned Judicial Magistrate-1st Class, Dhanbad, be quashed and set aside.

5. Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer for quashing C.P. Case No.5989 of 2022 as well as the order taking cognizance dated 23.08.2022 by which the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the offences punishable under Sections 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioners. Learned counsel for the opposite party No.2 submits that there is direct and specific allegation against the petitioners of being in furtherance of common intention with the co-accused persons having committed the offence punishable under Section 498-A of the Indian Penal Code as well as Section 3/4 of the Dowry Prohibition Act. It is next submitted that the testimony of the complainant in Original Maintenance Suit No.298 of 2022 only corroborates the averments made in the statement on solemn affirmation in this case as in this case also in her statement on solemn affirmation, the complainant has stated that she was at her paternal house on 05.05.2022 and there is absolutely no contradiction between the two. It is then submitted that therefore, there is no rhyme or reason to quash the C.P. Case No.5989 of 2022 as well as the order taking cognizance dated 23.08.2022 by which the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the offences punishable under Sections 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioners and at this nascent stage, when undisputedly the averments made in the complaint, statement on solemn affirmation of the complainant and the statement of the enquiry witnesses on oath discloses the commission of offence punishable under Section 498-A of the Indian Penal Code as well as Section 3/4 of the Dowry Prohibition Act, hence, it is submitted that this Cr.M.P. being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that undisputedly the allegations made out in the complaint, statement under solemn affirmation of the complainant and the statement of the enquiry witnesses make out the offence punishable under Section 498-A of the Indian Penal