IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.136 of 2024

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1. Ajit Vishwakarma, S/o Jagdish Lal Vishwakarma, aged 34 years,

2. Jagdish Lal Vishwakarma, S/o Late Mahavir Lal Vishwakarma,

aged 78 years,

3. Shanti Devi, W/o Jagdish Lal Vishwakarma, aged 78 years,

4. Arun Vishwakarma @ Bablu, s/o Jagdish Lal Vishwakarma, aged

53 years,

5. Rina Devi, W/o Arun Vishwakarma, aged 48 years,

All 1 to 5 r/o Fatehpur Lane, PO & PS Jharia, District Dhanbad.

… Petitioners

Versus

1. The State of Jharkhand

2. Soni Kumari @ Soni Devi, w/o Ajit Vishwakarma, D/o Late Indra Deo Vishwakarma, Amlabad Colliery, PO Amlabad, PS-

Chandankiari, District Bokaro.

… Opposite Parties

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For the Petitioners : Mr. Yogesh Modi, Advocate

For the State : Ms. Anuradha Sahay, Addl.P.P.

For the O.P. No.2 : Mr. Shadab Eqbal, Advocate

: Mr. Mehul Raj, 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 and set aside the entire criminal

proceeding arising out of CC No.909 of 2021 including the order taking cognizance dated 24.02.2022 passed by learned Judicial Magistrate-1st Class, Bokaro whereby and where under the learned Judicial Magistrate- 1st Class, Bokaro has taken cognizance for the offences punishable under Sections 323, 341, 504, 379, 498A, 34 of the Indian Penal Code & Section 4 of the Dowry Prohibition Act against the petitioners.

3. Learned counsel for the petitioners submit that the charge has not been framed in this case and trial is yet to begin.

4. The allegations against the petitioners is that the petitioner no.1 being the husband, petitioner no.2 being the father-in-law, petitioner no.3 being the mother-in-law, petitioner no.4 being the Bhaisur (brother-in- law) and petitioner no.5 being the Jethani (wife of the petitioner no.4) in furtherance of their common intention used to demand dowry of Rs.3 lakhs after 15-20 days of the marriage of the complainant with the petitioner no.1 and all the accused persons together used to harass her to coerce her to meet their unlawful dowry demand. The complainant as a part of harassment was made to work like an animal and that too without being provided food. The complainant was forced to eat food sent by her mother, because the petitioners did not provide her any food and on the complainant becoming ill, petitioner no.1, 4 & 5 used to tell her to call her father for treatment of her illness and thus the complainant used to go to her mother’s place upon becoming ill and after treatment of her illness when she used to become alright, then only she was coming to her matrimonial house, but again she was made to work like an animal.

Because of consistent demand of dowry, the father of the complainant was forced to sale his land to meet the dowry demand and from time to time used to pay Rs.50,000/- to Rs.60,000/- to the petitioners and in total, though, the father of the complainant paid Rs.6 lakhs to the accused persons but even after that, the accused persons continued their dowry demand and the dowry demand was enhanced from time to time and the complainant was told by the petitioners for another Rs.5 lakhs of dowry. Because of consistent demand of dowry, mental pressure and tension, the father of the complainant died on 16.03.2018 and after the death of the father of the complainant, the harassment, torture and treatment of cruelty meted out by the petitioners was enhanced and the petitioner no.3 & 5 used to tell the complainant to only work and to eat food by bringing food from her mother. In the meanwhile, all the petitioners together assaulted the complainant so severely by which the baby given birth by the complainant died after 10-12 days of his birth. The petitioners never went to see the child given birth by the complainant nor did they pay any expenses of the Mediclinic where the complainant was