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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Gayasuddin Ansari S/o Hafiz Jamaluddin Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. 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 the entire criminal proceeding including the order dated 22.06.2020 arising out of Chas (Mahila) P.S. Case No. 01 of 2020 corresponding to G.R. Case No. 484 of 2020 whereby and where under consequent upon submission of charge sheet against the petitioner, the learned Chief Judicial Magistrate, Bokaro has taken cognizance of the offences punishable under Sections 498A, 420 of the Indian Penal Code.
3. The allegation against the petitioner is that the petitioner solemnized marriage with the informant as per the Islamic Customs & Rituals on 13.05.2017. After marriage, the petitioner subjected the informant to cruelty by his willful conduct by bringing different men with him and telling the informant to establish physical relationship with them. As the informant was not give in to the said proposal of the petitioner; the petitioner by his willful conduct, stopped giving food and clothes to the informant and also beat her up severely causing grave injury and danger
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.
Dissolution of marriage eliminates any continuing legal obligations or liabilities, impacting the feasibility of criminal charges based on prior conduct.
The court upheld the prima facie case against the petitioner for cruelty and dowry demand, rejecting claims of false allegations and mechanical charge framing.
Consent under Section 376 IPC is valid if the promise to marry was genuine; lack of intention to deceive negates false promise claims.
The jurisdiction under Section 482 CrPC is not to quash proceedings based on disputed facts; such issues must be resolved in trial.
Criminal proceedings cannot be sustained based on suppressed material facts in a dispute that is fundamentally civil in nature.
In cases of consensual relationships, if no false promises of marriage were made and both parties were aware of each other's circumstances, allegations of rape may not stand under Section 376 IPC.
A breach of promise to marry cannot be considered a false promise unless the maker had no intention of upholding it. Section 493 IPC requires the victim to have a belief of lawful marriage and cohabi....
Deceitful marriage promise during forcible rape despite protest does not exclude rape offence; malicious prosecution claim not assessable at summoning stage but post-trial; quashing under CrPC Sectio....
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