IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.708 of 2024 ------

1. Renu Jha, aged about 65 years, wife of Vijay Kumar Jha, 2. Vijay Kumar Jha, aged about 67 years, son of Late Bhageshwar Jha, Both are resident of Flat No.3B, Block-C, Jaishree Green City, Pundag Road, P.O.-Doranda, P.S.-Argora, District-Ranchi.

… Petitioners Versus

1. The State of Jharkhand

2. XXXX, wife of Shilp Kumar Jha D/o Brahmanand Jha, presently residing at House No.95, ‘A’ Type, Near Shiv Mandir, Khalari, P.O.

& P.S.-Khalari, District-Ranchi.

… Opposite Parties With Cr.M.P. No.773 of 2024 ------

Shilp Kumar Jha, aged about 39 years, son of Vijay Kumar Jha, resident of Flat No.3B, Block-C, Jaishree Green City, Pundag Road, P.O.-Doranda, P.S.-Argora, District-Ranchi.

… Petitioner Versus

1. The State of Jharkhand

2. XXXX, wife of Shilp Kumar Jha D/o Brahmanand Jha, presently residing at House No.95, ‘A’ Type, Near Shiv Mandir, Khalari, P.O.

& P.S.-Khalari, District-Ranchi.

… Opposite Parties ------

For the Petitioners : Mr. Anurag Kashyap, Advocate For the State : Ms. Priya Shrestha, Spl.P.P. (VC)

For the O.P. No.2 : Mr. Utkarsh Singh, Advocate (VC)

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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. 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