The court upheld the validity of the F.I.R. under Sections 498A IPC and 3/4 Dowry Prohibition Act, emphasizing the sufficiency of prima facie evidence and the ongoing trial.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash the entire F.I.R. of Bariatu P.S. Case No.37 of 2018 corresponding to G.R. No.1017 of 2018 by which the learned Judicial Magistrate-1st Class, Ranchi has taken cognizance of the offence punishable under Sections 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. The brief facts of the case is that the petitioner being the husband of the informant/opposite party No.2, treated her with cruelty in connection with demand of dowry of Rs.20,00,000/- and harassed her by abusing and assaulting her for non-fulfillment of the demand of dowry and also went to the extent of attempting to murder the informant/opposite party No.2 by throttling her neck. The petitioner used to snatch away all the money of the informant/opposite party No.2. On the basis of the written report submitted by the informant/opposite party No.2, police registered Bariatu P.S. Case No.37 of 2018 and took up the investigation of the case and after completion of the investigation of the case, police found the allegations against the petitioner to be true so far as offence punishable under Section 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and submitted charge- sheet. On the basis of the same, the learned Magistrate vide order dated 14.09.2018, took cognizance of the offence punishable under Section 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. It is next submitted that there is a delay of nine years in lodging the F.I.R. It is further submitted that the marriage between the parties is a love marriage. It is then submitted the F.I.R. of the case is a bogus and frivolous one. Therefore, it is submitted that the prayer, as prayed for by the petitioner in the instant Cr.M.P., be allowed.

5. Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 vehemently oppose the prayer of the petitioner made in the instant Cr.M.P. and submit that there is direct and specific allegation against the petitioner in the F.I.R. and in the statement of the witnesses recorded under Section 161 of Cr.P.C. by the police. It is next submitted that the trial of the case has already begun and so far three witnesses including the informant have been examined and there is overwhelming evidence against the petitioner which has come in the record and this fact has been suppressed by the petitioner and petitioner has not brought this fact to the notice of this Court. It is next submitted that the delay in lodging the F.I.R. has been explained as the informant/opposite party No.2 being a dutiful wife, tried her best to save her marriage and not to damage her prestige and medical profession. 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 the allegations made in the F.I.R and the charge-sheet, are sufficient to prima facie constitute the offence punishable under Section 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The undisputed fact remains that the trial of the case has already begun and three witnesses including the informant has been examined. Hence, this Court is of the considered view that at this stage, it will not be proper for this Court to quash the F.I.R. of Bariatu P.S. Case No.37 of 2018 corresponding to G.R. No.1017 of 2018 in exercise of its power under Section 482 of the Code of Criminal Procedure.

7. Accordingly, this Cr.M.P., being without any merit, is dismissed.