Post-investigation charge sheet confirming dowry harassment allegations precludes quashing under CrPC Section 482 at nascent stage absent probe flaws; defence testable only at trial.

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 a prayer to quash and set aside the entire criminal proceeding arising out of Bankmore P.S. Case No.240 of 2020 corresponding to G.R. No.901 of 2021 including the order taking cognizance dated 24.03.2021 passed by learned Chief Judicial Magistrate, Dhanbad whereby and where under the learned Chief Judicial Magistrate, Dhanbad has taken cognizance of the offences punishable under Sections 323, 341, 498A, 120B, 504, 506/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act against the petitioners.

3. The allegation against the petitioners is that the petitioner in criminal conspiracy with each other as well as in furtherance of the common intention with each other being the relatives of the husband of the informant harassed the informant with a view to coerce her and her father to meet the unlawful dowry demand and together caused hurt to her, wrongfully restrained her, committed criminal intimidation and intentionally insulted her in such a manner to provoke her to commit breach of peace or commit any other offence. Further, there is allegations against the petitioners of demanding dowry from the informant. Police after investigation of the case and after recording the statement of the witnesses and collecting other materials, found the allegations to be true and submitted charge sheet against the petitioners. On the basis of the charge sheet submitted by the police, the learned Chief Judicial Magistrate, Dhanbad has taken cognizance of the offences in respect of which the charge sheet has been submitted.

4. Learned counsel for the petitioners rely upon the judgement of the Hon’ble Supreme Court of India in the case of Preeti Gupta & Others vs. The State of Jharkhand & Others, MANU/SC/0592/2010 and submits that in that case, the Hon’ble Supreme Court of India has observed that it is a matter of common experience that most of these complaints under Section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations and at the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

5. Learned counsel for the petitioners relies upon the judgment of the Hon’ble Supreme Court of India in the case of Kahkashan Kausar @ Sonam & Others vs. State of Bihar & Others, MANU/SC/0163/2022 wherein in the facts of that case where there was a second F.I.R. and the allegations made in the complaint that all the accused persons harassed the complainant mentally and threatened her of terminating her pregnancy, in the facts of that case, the Hon’ble Supreme Court of India quashed the F.I.R. of that case.

6. Learned counsel for the petitioners next submit that the allegations against the petitioners are false and the petitioner no.1 is an old and ailing lady and some of the petitioners are living in far away places and they have been falsely implicated in this case, hence, it is submitted that the prayer as prayed for by the petitioners in this Cr.M.P., be allowed.

7. Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that the undisputed fact remains that the police during the investigation of the case found that each of the petitioners in criminal conspiracy with each other and in furtherance of their common intention were harassing the informant with a view to coerce th