The court upheld the prima facie case against the petitioner for cruelty and dowry demand, rejecting claims of false allegations and mechanical charge framing.

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 taking cognizance dated 16.02.2024 and the order dated 30.04.2024, passed by the learned Chief Judicial Magistrate, Seraikella whereby charge has been framed against the petitioner for having committed the offences punishable under Section 498A/323/34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner on or about 06.05.2013, 25.02.2018, 05.01.2022 and 03.06.2022 onwards at Makanpur, Nawada (Bihar) and also at Gamharia, P.S. – Gamharia, District –Seraikella-Kharsawan being the husband of the informant, subjected her to cruelty by his wilful conduct which was of such a nature as is likely to drive the informant to commit suicide or to cause grave injury or danger to life, limb or mental and physical health and also harassed her with a view to coerce her to meet the unlawful demand of dowry and also on the said dates at the said places, voluntarily caused hurt to the informant.

4. The brief fact of the case is that the petitioner being the husband of the informant treated her with cruelty with a view to coerce her to meet the unlawful dowry demand and Rs.20,00,000/-. The petitioner also caused harassment to the informant by abusing her, assaulting her, misbehaving with her and threatening her, only to coerce her to meet the unlawful demand of Rs.20,00,000/-. On the basis of the complaint filed by the complainant in the court of Chief Judicial Magistrate, Seraikella vide Complaint Case No. 599 of 2022 one registered and the same being referred to police under Section 156(3) Cr.P.C., Gamharia P.S. Case No. 73 of 2022 was registered. Police took up investigation of the case. After investigation of the case, police found the allegations inter-alia against the petitioner to be true and submitted charge sheet against the petitioner. Basing upon the same, the learned Chief Judicial Magistrate found prima facie case for the offences punishable under Section 498A/323/34 of the Indian Penal Code and took cognizance of the said offences. Subsequently charge was framed and so far as per the statement made by the learned counsel for the petitioner, four witnesses including the informant- complainant have been examined who have supported the case of the prosecution.

5. It is submitted by the learned counsel for the petitioner that the allegation against the petitioner is false. The genesis of the dispute between the parties is that the informant alleges the petitioner to be effeminate (impotent). It is next submitted that the approach of the informant is negative. The petitioner filed a petition under Section 9 of the Hindu Marriage Act on 04.07.2022 in the Family Court, Nawada, Bihar. The petitioner has gone to Balrampur, P.S. Gamharia for taking back the informant on 03.06.2022 where the father-in-law and mother-in-law of the petitioner refused for the Bidai of the informant. It is next submitted by the learned counsel for the petitioner that charge has been framed in a mechanical manner and the case has been instituted for the purpose of wrecking vengeance. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

6. The learned Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition and submits that there is direct and specific allegation against the petitioner of treating the informant wit