JHARKHAND HIGH COURT ISSUES ORDER ON RAM LAKHAN RAM AND ORS. V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Nov. 22 -- Jharkhand High Court issued the following order on Oct. 22:

1. 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 a prayer to quash the entire criminal proceedings in connection with Complaint Case No.1566 of 2021 including the order dated 05.03.2022 passed by the learned S.D.J.M., Palamau whereby and where under the learned S.D.J.M., Palamau has found prima facie case for the offence punishable under Section 6 of the Dowry Prohibition Act, 1961 against the petitioners.

3. The brief fact of the case is that at the time of marriage of the complainant, the father of the complainant paid Rs.3,50,000/- by transferring the same to the account of the husband of the complainant. Later on, the husband of the complainant gave all those money to his father. The father of the complainant also paid Rs.5,00,000/- to the elder brother of the husband of the complainant, to look after the complainant and her paternal family members, at the time of the marriage. The complainant deposited her jewelries with her mother-in-law and the wife of the elder brother of her husband. The marriage of the complainant took place on 28.05.2019 but her husband died on 29.04.2021. After the death of her husband, the in-laws of the complainant kept all the articles, jewelries and money and refused to pay the same to the complainant and drove her out from the house. On the basis of the complaint, statement of the complainant on solemn affirmation, statement of the inquiry witnesses, the learned S.D.J.M., Palamau found prima facie case for the offence punishable under Section 6 of the Dowry Prohibition Act and ordered for issue of summons.

4. Learned counsel for the petitioners submits that the allegations against the petitioners are false and concocted. The marriage of the husband of the complainant and the complainant was a love marriage, hence, the question of demand of dowry does not arise. It is next submitted that no witness has been examined in the case, as yet. It is next submitted that there is no allegation of receiving any dowry by any of the petitioners and in the absence of the same, the offence punishable under Section 6 of the Dowry Prohibition Act, 1961 is not made out against the petitioners. Hence, it is submitted that the prayer of the petitioners, as prayed for in the instant Cr.M.P., be allowed.

5. 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 the allegations made against the petitioners are sufficient to constitute the offence punishable under Section 6 of the Dowry Prohibition Act, 1961. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfNwRmj5TVjENCDW92k6DklmkrPlppEgRy%2BFmg1kiIAqC&caseno=Cr.M.P./1353/2022&cCode=1&cino=JHHC010138282022&state_code=7&appFlag=)

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