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.

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 to her life, limb and health both mental and physical. There is also allegation against the petitioner of deceiving the informant and with dishonest and fraudulent intention after being so deceived, by use of force, obtaining signature of the informant on blank papers and bond papers which the informant ought not have done, had she not been so deceived. On the basis of the written report submitted by the informant, police registered Bokaro (Mahila and Child Protection) P.S. Case No. 01 of 2020 and took up investigation of the case and after completion of the investigation, police submitted charge sheet against the petitioner for having committed the offences punishable under Sections 498A, 420 of the Indian Penal Code and basing upon the same, the learned Chief Judicial Magistrate, Bokaro has taken cognizance of the said offences as already indicated above.

As the proceedings before the learned trial court was stayed by the order of this Court in this case, hence, the case could not proceed before the learned trial court till date.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. The informant in an informatory petition filed before the learned Chief Judicial Magistrate, Bokaro vide Misc. Crl. Application No. 1784 of 2019 referred the petitioner as one of her neighbours and who works in Bokaro Steel Limited and at times the petitioner used to give money to the informant and it is alleged by the earlier husband of the informant that the informant is having illicit relationship with the petitioner and has solemnized marriage with him. It is next submitted that Nikahnama was demanded by the family members of the petitioner and after going through the Nikahnama, the petitioner, his family members and his neighbours tore out the same and drove out the informant from her matrimonial house by threatening her. It is further submitted that the informant is not the wife of the petitioner and the purported signature of the petitioner in the Nikahnama is forged one. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

5. Learned counsel appearing for the State on the other hand vehemently oppose the prayer of the petitioner made in this Criminal Miscellaneous Petition and drawing the attention of this Court to the counter-affidavit filed on behalf of the State, learned counsel for the State submits that the witnesses whose statement appears in para-2, 3, 7, 11, 25, 26, 29 and 35 of the case-diary, have support