IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Manoj Kumar Madan – Appellant
Versus
State of Jharkhand – Respondent
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 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding including the summoning order dated 18.08.2023 passed in the Complaint Case No.500 of 2022 by learned Sub-Divisional Judicial Magistrate, Sahibganj by which the learned Sub-Divisional Judicial Magistrate, Sahibganj has found sufficient material available in the record to proceed inter alia against the petitioners for having committed the offences punishable under Sections 323, 379, 498A, 494, 420, 504, 506/34 & 120B of the Indian Penal Code.
3. The allegation against the petitioners is that the petitioner no.1 is the husband and petitioner no.2 is the own sister of the informant/opposite party no.2 and the allegation against the petitioner no.1 is that during the subsistence of his marriage with the informant, he married with the petitioner no.2 and treated the informant/opposite party no.2 with cruelty and the informant/opposite party no.2 has been driven out from her matrimonial house and when she was driven out from
Dissolution of marriage eliminates any continuing legal obligations or liabilities, impacting the feasibility of criminal charges based on prior conduct.
The court held that the evidence provided by the informant, including witness statements and marriage documentation, substantiates the allegations of cruelty and fraud against the petitioner.
Charges cannot proceed without substantiation of essential elements; mere allegations are insufficient to maintain criminal prosecution.
The court upheld the prima facie case against the petitioner for cruelty and dowry demand, rejecting claims of false allegations and mechanical charge framing.
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