IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 2143 of 2023

Gobind Prasad Jaiswal, aged about 67 years, S/o Late Girija Prasad Jaiswal, R/o Village –Barwadih, P.O. –Giridih, P.S. –Giridih (T),

District -Giridih. .... Petitioner

Versus

1. The State of Jharkhand

2. Devanti Devi, W/o Sri Govind Prasad Jaiswal, R/o Village

Mangrodih, Tola –Barbadih, P.O. –Giridih, P.S. –Giridih(T), District

–Giridih. …. Opp. Parties

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

…..

For the Petitioner : Mr. Ranjan Kumar Singh, Advocate

For the State : Mrs. Nehala Sharmin, Spl. P.P.

(Through V.C.)

For the O.P. No.2 : Mr. Sumit Prakash, Advocate

…..

By the Court:-

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 in connection with in Giridih (Mahila) P.S. Case No. 11 of 2019 corresponding to G.R. Case No. 1668 of 2022 including the order dated 16.07.2022, passed by the learned Chief Judicial Magistrate, Giridih in the said Giridih (Mahila) P.S. Case No. 11 of 2019 corresponding to G.R. Case No. 1668 of 2022 by which the learned court has taken cognizance for the offences punishable under Section 498A/494 of the Indian Penal Code, basing upon

which charge sheet has been submitted in the case.

3. The allegation against the petitioner is that the petitioner having his wife living, married the co-accused –Ishrat Parveen, which marriage is a void one by the reason of its taking place during the lifetime of the complainant-wife and thereby the petitioner has committed the offence punishable under Section 494 of the Indian Penal Code. Further, there is allegation against the petitioner of indulging in wilful conduct of such a nature as is to cause grave injury and danger to the life, limb and mental health of the complainant-wife and the petitioner indulged in the said wilful act only because of his illicit relationship with other woman, was protested by the complainant. The complainant filed Complaint Case No. 1799 of 2014 in the court of learned Chief Judicial Magistrate, Giridih which was referred to police under Section 156(3) Cr.P.C. basing upon which police registered Giridih Mahila P.S. Case No. 11 of 2019 and took up investigation of the case and after completion of investigation, police submitted charge sheet against the petitioner for having committed the offences punishable under Section 494/498A of the Indian Penal Code and the learned Magistrate has taken cognizance of the said offences.

4. It is submitted by the learned counsel for the petitioner that the allegation against the petitioner is false. The petitioner has been ousted from his house by his own sons and wife. It is next submitted that the petitioner filed Title Suit No. 89 of 2011 but the suit was dismissed as withdrawn. It is further submitted that the complainant earlier filed Complaint Case No. 550 of 2012. It is next submitted that the dispute is purely civil in nature. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

5. The learned Spl. 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 committing the offence punishable under Section 494 of the Indian Penal Code and further the materials in the record are sufficient to constitute the offence punishable under Section 498A of the Indian Penal Code as well. It is further submitted that the only contention of the petitioner that the allegations against him are false; is at the most, the defence which the petitioner can take at the time of trial of the case but the same certainly cannot be a ground to quash the entire criminal proceeding. Hence, it is submitted that this criminal miscellaneo