The High Court cannot conduct a mini-trial or appreciate evidence under Section 482 of the Criminal Procedure Code to determine the veracity of accusations, as factual disputes and defense arguments must be evaluated by the trial court during the trial process.

JUDGMENT :

Anil Kumar Choudhary, J.

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, 1973 with the prayer to quash the order dated 22.08.2022 passed by the learned Judicial Magistrate-1st Class, Dhanbad in connection with Dhansar P.S. Case No.172 of 2021 corresponding to G.R. No.2175 of 2022 and the entire criminal proceedings of the said case.

3. Learned counsel for the petitioners submits that the case is next fixed to 18.05.2026 for consideration of charge.

4. The allegation against the petitioners is that the petitioners respectively being the mother-in-law, father-in-law and brother-in-law (Devar) of the victim who is the daughter of the informant, took Rs.28,00,000/- at the time of marriage of the victim with her husband but their greed for dowry not satiated with the same; after fifteen (15) days of the marriage, they further demanded the dowry of a Maruti Car and indulged in harassment of the victim by inflicting physical and mental cruelty upon her only with the view, to coerce her to meet their said unlawful demand. The petitioner No.1 attempted to kill the victim by burning her. The informant, after coming to know about the said cruelty perpetrated by the petitioners, brought the victim back to Dhanbad. The husband of the victim came to Dhanbad and apologised for the cruelty perpetrated on the victim and assured that the victim will be treated properly in her matrimonial house and took her back to Bhopal in October, 2019. For ten (10) days, the victim was kept properly but again the harassment started with a view to coerce the victim to meet the said unlawful demand of the petitioners.

5. On the basis of the written-report submitted by the mother of the victim, police registered Dhansar P.S. Case No.172 of 2021 and took up the investigation of the case. After completion of the investigation, police submitted charge-sheet against the petitioners along with the co-accused persons for having committed the offences punishable under Sections 498A, 323, 341, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and basing upon the same, the learned Magistrate has taken cognizance of the offence.

6. Learned counsel for the petitioners submits that the allegations against the petitioners are false. It is next submitted that at the time of lodging of the F.I.R., the victim was missing from the house of the informant at Dhanbad. It is further submitted that the allegations levelled by the informant against the petitioners are mainly against the husband of the victim and the victim has voluntarily left her matrimonial house. Hence, it is submitted that the prayer, as prayed for in the instant 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 petitioners made in the instant Cr.M.P. and submit that there is direct and specific allegation against the petitioners of taking dowry worth Rs.28,00,000/- at the time of marriage of the victim with the son of the petitioner Nos.1 and 2 and who is also the brother of the petitioner No.3. It is next submitted that there is also allegation against the petitioners of further demanding the dowry of a Maruti Car and harassing the victim both mentally and physicall