Iram Naz @ Iram Naaz @ Iram vs The State Of Jharkhand
2023 Latest Caselaw 125 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr.M.P. No. 2571 of 2022
         Iram Naz @ Iram Naaz @ Iram .... .. ... Petitioner(s)
                        Versus
         1.The State of Jharkhand.
         2.Tanvi Saba Khan                   .. ... ...Opp. Party(s)
                        ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

         For the Petitioner(s) :      Mr. Faisal Allam, Advocate
                                      Md. Faizan, Advocate
         For the State              : Mr. S. K. Tiwari, Spl. P.P.
                        ......

03/ 05.01.2023. The instant Cr.M.P. has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 19.04.2022 passed in Complaint Case No.2368 of 2021 by which, learned Judicial Magistrate 1st Class, Dhanbad has taken cognizance against the petitioner under Sections 341, 498A of Indian Penal Code and under Sections 3 /4 of D. P. Act.

2. As per the case of the prosecution, the complainant has filed the instant case against her husband and in-laws who have been made accused as accused nos.1 to 6 and this petitioner (accused no.7) on the allegation of harassment in reference to demand of dowry and subjecting the complainant to cruelty by them. The main allegation against the petitioner has been stated in Para-8 wherein it has been alleged that her husband had illicit relationship with this petitioner and he used to remain out of house on several nights and spent his time with her. This part of the allegation has been supported by her in her statement on oath in Para-7.

3. It is submitted by learned counsel for the petitioner that on these allegations and material, no offence will be made out against the petitioner under Section 498A of the Indian Penal Code and under Sections 3 /4 of the D. P. Act. There is no allegation that she ever made any dowry demand or that she directly or indirectly subjected her to cruelty.

4. Learned counsel in support of his submission has relied upon the judgment reported in 2019(3) SCC 39.

4. Learned APP for the State has opposed the prayer. It is submitted that there is specific allegation as the witnesses have supported the case of the complainant.

After having considered the rival submissions and averments made in the complaint petition, it is manifest that there is no allegation of unlawful demand and the petitioner cannot be prosecuted for the offences as alleged only on the ground that she had illicit relationship with the husband of the complainant.

Accordingly, I find that no prima facie case is made out and it will be sheer abuse of the process of the court to permit to prosecute the petitioner.

The entire criminal proceeding including the order taking cognizance dated 19.04.2022 passed in Complaint Case No.2368 of 2021 is quashed so far the petitioner above-named is concerned.

The instant Cr. M. P. stands allowed.

(Gautam Kumar Choudhary, J.) Sandeep/