IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.2497 of 2020

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Nidhi Pareshbhai Patel @ Nidhi Patel, aged about 21 years, Daughter of Pareshbhai Bhikhubhai Patel, Resident of Station

Road, Mangrol, P.O. & P.S. – Mangrol, District- Surat, Gujarat.

… Petitioner

Versus

1. The State of Jharkhand

2. Priya Kumari, Wife of Sushant Kumar, Resident of

Yaduvansh Nagar, Chas, P.O. & P.S.- Chas, District- Bokaro,

Jharkhand.

… Opposite Parties

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For the Petitioner : Mr. Robin Kumar, Advocate

For the State : Mr. Suresh Kumar, SC (L&C) II

Mr. Rajesh Kr. Singh, AC to SC(L&C) II

For the O.P. No.2 : Mr. Subhneet Jha, Advocate

Mr. Baibhaw Gahlaut, Advocate

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- 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 FIR along with the entire criminal proceeding of Chas P.S. Case No. 122 of 2020 including the order dated 23.01.2021 passed in connection with Chas P.S. Case No. 122 of 2020 corresponding to G.R. Case No. 119 of 2021 by the learned Chief Judicial Magistrate, Bokaro as well as the entire criminal proceeding including the cognizance order dated 26.03.2021 passed in

connection with Chas P.S. Case No. 122 of 2020 (S) corresponding to G.R. Case No. 405 of 2021 by the learned Chief Judicial Magistrate, Bokaro whereby and where under the learned Chief Judicial Magistrate, Bokaro has taken cognizance against the petitioner for the offences punishable under Sections 498A, 323, 506, 494 and 34 of the Indian Penal Code.

3. The brief facts of the case is that the husband of the informant has married the petitioner during the subsistence of his marriage with the informant and when the informant went to the house where the husband of the petitioner is residing, the petitioner beat her a lot and caused hurt to the informant by assaulting her and also in furtherance of common intention with the co-accused persons, treated the informant with cruelty by coercing her to meet the unlawful demand of Rs.10,00,000/- and a four-wheeler vehicle and also in furtherance of common intention with the co-accused persons, knowing pretty well that there is a subsisting marriage between the husband of the informant and the informant and still married the husband of the informant. On the basis of the written report submitted by the informant, police registered Chas P.S. Case No. 122 of 2020, took up investigation of the case and after completion of investigation of the case, the police submitted charge sheet; basing upon which, the learned Chief Judicial Magistrate, Bokaro has taken cognizance of the said offences as already indicated above.

4. Learned counsel for the petitioner submits that the petitioner does not know on which the date, for which purpose and at which court, the case is next fixed. It is next submitted that the informant also instituted Case No. 80 of 2019 before the Adajan Police Station, Surat and a settlement has been arrived at between the husband of the informant and his relatives and the informant. It is then submitted that the allegation against the petitioner is false and the petitioner has no relationship with the husband of the informant. It is further submitted that during the pendency of this case, the informant and the co-accused persons have amicably settled their dispute in the Mediation Center and all the accused persons have been acquitted by the learned Additional Chief Judicial Magistrate, Bokaro. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

5. Learned counsel 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 this Criminal Miscellaneous Petition and submit that there is direct and specific allegation against the petitioner of beating the informant a lot and causing hurt to her.