Pushpendra Kumar Singh @ Puspendra Kumar Singh @ Pushpendra Singh, aged about 43 years v. …. Opp. Parties P R E S E N T
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 241 of 2024 Pushpendra Kumar Singh @ Puspendra Kumar Singh @ Pushpendra Singh, aged about 43 years, son of late Vijay Singh, resident of 2-B Deepshikha Apartment, Magistrate Colony, P.O. & P.S.-Doranda, Dist.-Ranchi, Jharkhand .... Petitioner 1. The State of Jharkhand 2. xxxxx (name and address masked) Versus …. Opp. Parties P R E S E N T
Legal Reasoning
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner For the State For the O.P. No.2 : Ms. Swati Shalini, Advocate : Mr. Shiv Shankar Kumar, Addl. P.P. : Mr. Divyam, Advocate ….. By the Court:- 1. 2. Heard the parties. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding in connection with G.R. No. 1977 of 2023 arising out of Doranda P.S. Case No. 294 of 2022 including the order dated 20.07.2023 passed by the learned Judicial Magistrate, Ranchi whereby and where under, the learned Judicial Magistrate, Ranchi has taken cognizance of the offence punishable under Section 498A of Indian Penal Code. 3. The allegation against the petitioner is that the petitioner being the husband of the informant used to forcibly have anal sex with the informant and on the informant refusing for the same, the 1 Cr.M.P. No.241 of 2024 petitioner used to threaten her and used to abuse her and was threatening to throw the informant, out from the house. 4. On the basis of the written report submitted by the informant, Doranda P.S. Case No. 294 of 2022 was registered and police took up investigation of the case but after completion of investigation , police submitted charge sheet only alleging the commission of offence punishable under Section 498A of Indian Penal Code. 5. It is submitted by the learned counsel for the petitioner that the allegation against the petitioner is false and there is absolutely no allegation of any of the ingredients for the offence punishable under Section 498A of Indian Penal Code. It is further submitted by the learned counsel for the petitioner that the petitioner joined Indian Navy on 02.08.2000 and he was appointed in Indian Navy as Junior Commissioned Officer and has been honoured with many awards by the Government of India. It is next submitted by the learned counsel for the petitioner that at the time of his marriage, the petitioner was posted at Chennai with Indian Navy as a Junior Commissioned Officer and because of marital discord, this false case has been foisted against the petitioner and that is the reason, for which the informant refused her medical examination but there is absolutely no allegation to constitute the offence punishable under Section 498A of Indian Penal Code; therefore, continuation of the criminal proceeding will amount to abuse of process of law. Hence, it is submitted that the entire criminal proceeding including the order dated 20.07.2023 passed 2 Cr.M.P. No.241 of 2024 by the learned Judicial Magistrate, Ranchi in connection with G.R. No. 1977 of 2023 arising out of Doranda P.S. Case No. 294 of 2022 be quashed and set aside. 6. The learned Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand opposes the prayer for quashing the entire criminal proceeding including the order dated 20.07.2023 passed by the learned Judicial Magistrate, Ranchi in connection with G.R. No. 1977 of 2023 arising out of Doranda P.S. Case No. 294 of 2022 and submits that the allegation made against the petitioner are sufficient to constitute the offence punishable under Section 498A of Indian Penal Code. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that in order to constitute the offence punishable under Section 498A of Indian Penal Code, the essential ingredients are as follows:- (1) a woman was married; (2) She was subjected to cruelty; (3) such cruelty consisted in- (i) any willful conduct as was likely to drive such woman to commit suicide or to cause grave injury or danger to her life, limb or health whether mental or physical; (ii) harm to such woman with a view to coercing her to meet any unlawful demand for property or valuable security or on account of failure of such woman or any of her relations to meet the unlawful demand; (iii) the woman was subjected to such cruelty by her husband or any relation of her husband. 3 Cr.M.P. No.241 of 2024 8. Now coming to the facts of the case, this Court finds that there is no allegation against the petitioner of perpetrating cruelty willfully which was likely to drive the informant to commit suicide nor there is any allegation that such conduct was to cause grave injury or danger to life, limb or health of the informant. There is no allegation against the petitioner of having caused any harm to the informant in connection with any unlawful demand. 9. Under such circumstances, this Court is of the considered view that even if the entire allegation made against the petitioner are considered to be true in its entirety still the offence punishable under Section 498A of Indian Penal Code is not made out against the petitioner. 10. Hence, this Court is of the considered view that continuation of the criminal proceeding will amount to abuse of process of law and this is a fit case where the entire criminal proceeding including the order dated 20.07.2023 passed by the learned Judicial Magistrate, Ranchi in connection with G.R. No. 1977 of 2023 arising out of Doranda P.S. Case No. 294 of 2022 be quashed and set aside. 11. Accordingly, the entire criminal proceeding including the order dated 20.07.2023 passed by the learned Judicial Magistrate, Ranchi in connection with G.R. No. 1977 of 2023 arising out of Doranda P.S. Case No. 294 of 2022 is quashed and set aside. 4 Cr.M.P. No.241 of 2024 12.
Decision
In the result, this criminal miscellaneous petition is allowed. High Court of Jharkhand, Ranchi Dated the 29th August, 2024 AFR/Sonu-Gunjan/- (Anil Kumar Choudhary, J.) 5 Cr.M.P. No.241 of 2024