High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at this stage; trial court to decide on merits via discharge.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. Since, both these cases have been filed with the same prayer arising out the same case, hence, both these Criminal Miscellaneous Petitions are being disposed of by this common judgment.

3. These Criminal Miscellaneous Petitions have 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 arising out of Mahila P.S. Case No.42 of 2023 including the order dated 29.10.2024 passed by learned Judicial Magistrate-1st Class, Ranchi whereby and where under the learned Judicial Magistrate-1st Class, Ranchi has taken cognizance for the offences punishable under Sections 498A, 323, 506, 504, 354A of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act against the petitioners.

4. The allegation against the petitioners are that the petitioner of Cr.M.P. No.773 of 2024 is the husband and the Petitioners of Cr.M.P. No.708 of 2024 are the mother-in-law and father-in-law of the informant and the allegation against the petitioners are that the petitioners being the husband and relatives of the husband of the informant subjected the informant to cruelty by harassing the informant with a view to coerce her and her parents to meet their unlawful demand of Rs.10 lakhs and a Scorpio vehicle. There is also allegation against the petitioners of willful conduct of such a nature as was likely to cause grave injury and danger to the life, limb and health both mentally and physically of the informant. There is further allegation against the petitioners of demanding dowry of Rs.10 lakhs and a Scorpio vehicle and also causing hurt to the informant. There is further allegation against the petitioners particularly, the petitioner no.2 of Cr.M.P. No.708 of 2024 of causing sexual harassment of the informant. There is the allegation of criminal intimidation and also of insulting the informant intentionally with intent to provoke her to commit breach of peace or any other offences.

5. The allegations against the petitioners of demanding Rs.10 lakhs and a Scorpio Vehicle and the allegation against the petitioner no.2 of Cr.M.P. No.708 of 2024 of causing sexual harassment of the informant, has come through the witnesses, whose statements were recorded by the I.O. of the case under Section 161 of Cr.P.C. including the father of the informant. There is direct and specific allegation against the petitioners of Cr.M.P. No.708 of 2024 of threatening the complainant and criminally intimidating her by driving her out from her matrimonial house. The Petitioners of Cr.M.P. No.708 of 2024 used to assault and abuse the informant and were not providing her food, and used to lock her in the room to coerce her to meet their unlawful demand. There is specific instance of 10.09.2022 against the petitioners of Cr.M.P. No.708 of 2024 of assaulting the informant black and blue for non-fulfilling the demand of dowry; when treatment of cruelty meted out to the informant to coerce her to fulfil the unlawful demand was intimated by the informant to her parents. There is allegation that on that day the petitioners of Cr.M.P. No.708 of 2024 became enraged and on 10.09.2022, they drove out the injured informant from her matrimonial house in the night, resulting in the informant being forced to take shelter in the house of one of her relatives and only in the next morning, she could go to her paternal house. There is also specific allegation of 04.12.2022 on which date the father of the informant was forced to pay part of dowry dem