Cognizance under Section 498A IPC requires specific allegations against accused; general allegations against distant relatives are insufficient.

JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard learned counsel appearing for the petitioners, learned counsel appearing for the respondent State and learned counsel appearing for the Respondent No.2.

2. The prayer in the writ petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 04.07.2022 arising out of Manjhiaon P.S. Case No.119 of 2021 whereby the learned Court has been pleased to take cognizance under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act pending in the Court of learned A.C.J.M. Garhwa.

3. The FIR was registered alleging therein that the Respondent No.2 got married with one Kumar Sajan Suman on 19.04.2019. It has further been alleged that at the time of marriage several gifts and furniture alongwith utensils were given by the father of the Respondent No.2 and after marriage the both husband and wife started living in the in-laws house at Garhwa. It has further been alleged after the birth of the daughter the husband and all the relatives of the husband started asking 05 lakhs as dowry and also tried to kill the Respondent No.2 and for which the Respondent No.2 filed a complaint case No. 1430 of 2020 and after Institution of the said complaint case the husband of the Respondent No.2 compromised the said case in order to defraud the Respondent No.2 and in the mediation center the accused persons including her husband shown their willingness to maintain the Respondent No.2 with full dignity and thereafter the Respondent No.2 was again taken by her husband from her paternal house to her matrimonial house. It has further been alleged after the Respondent No.2 taken to her matrimonial house all the accused persons started taunting the Respondent No.2 and were saying that they have compromised this case just in order to defraud the Respondent No.2 and they again started demanding Rs. 5 lakhs and if the said amount is not paid then she will not be allowed to live in her matrimonial house and the accused persons namely Kumar Sajan Suman, Prem Bharti started telling the Respondent No.2 that she is implicating them in a criminal case now she will understand the consequences of the same and she will be brutally assaulted every day while she will be staying in her in laws place. It has further been alleged that the Respondent No.2 tried to convince all the accused persons that they should forget that has happened in the past and prayed before them that she should be allowed to live in her matrimonial house but all the accused persons especially the accused no.1 and the petitioner Prem Bharti were told the other family members that the Respondent No.2 be stopped from giving any food and for filthy reasons they used to assault the Respondent No.2. It has been lastly alleged that Respondent No.2 any how sent the news of torture being meted out to her father then the father of the Respondent No.2 immediately informed the Officer-In-Charge Utari Road, Palamu on 18.11.2020 and in the Police Station the Police Officers told to take back her daughter from there. It has further been alleged that on 05.07.2021 all the accused persons again went to the house of the father of Respondent No.2 in two Bolero vehicles for the purpose of taking her back and also gave an assurance to her father that they will not torture the Respondent No.2 and they will not ask for any additional dowry and further stated that the Grand Mother in law is ill and she wants to see the Respondent No.2 and thereafter on hearing this the Respondent No.2 went along with her husband to her in laws. It has also been alleged that when the Respondent No.2 reached near the village of her matrimonial home then all the accused person again started torturing the Respondent No.2 and stated that this time, they will not leave her and since the father of the Respondent No.2 has not fulfilled the demand of Rs. 5 lakhs and even tried to assault her child as well as also tried to strangulate the Respondent