Aashish Oraon Vs the State of Jharkhand

Jayshree Kumari, aged about 36 years, W/o Vijay Oraon and D/o Janak Bhagat, R/o Village- Pachagai, PO- Nagjuwa, PS- … Kairo and District- Lohardaga. Opposite Parties

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For the Petitioners : Mr. Mohit Prakash, Advocate M/s Jyoti Nayan Vishal Kr. Binay, Advocates For the State : Mrs. Priya Shrestha, S. P.P.

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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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 entire criminal proceeding including the order taking cognizance dated 27.02.2024 passed by the learned S.D.J.M., Lohardaga, in connection with Kairo P.S. Case No.12/ 2022 corresponding to G.R. Case No.110/ 2024 (Vide C.S. No.32/ 2023) registered under Sections 341, 323, 498A/ 34 IPC whereby and whereunder learned SDJM, Lohardaga, has taken cognizance of the offences under Sections 341, 323, 498A / 34 IPC as well as under Sections 3 /4 of the Dowry Prohibition Act, inter-alia,

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1 (Cr.M P. No.1712 of 2024)

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(2026:JHHC:7671)

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against the petitioners; basing upon the charge-sheet submitted by the Police against them.

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The allegation against the petitioners is that the petitioners being the relatives of the husband of the informant made a dowry demand of Rs.7 Lakhs and treated her with cruelty by harassing and by beating her with sticks and drove her out from her matrimonial home with a view to coerce her to fulfil their unlawful dowry demand of Rs.7 Lakhs. There is specific allegation of assault against the petitioners on 27.06.2021. There is also specific allegation of demanding Rs.7 Lakhs not only from the informant, but also from the father of the informant after the informant was driven out from her matrimonial house to meet the unlawful demand; on separate occasions. Further there is allegation against the petitioners of assaulting and beating the informant in her matrimonial house also upon expression of inability of her father to meet the unlawful dowry demand of Rs.7 Lakhs.

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The informant filed Complaint Case No.52 of 2022 in the Court of Chief Judicial Magistrate, Lohardaga, and the same was referred to the Police under Section 156(3) of the Cr. P.C. and the Police registered Kairo P.S. Case No.12/ 2022 and took investigation of the case. Police after investigation found the allegations made in the First Information Report to be true and submitted charge-sheet, inter-alia, against the petitioners for having committed offences punishable under Sections 341, 323, 498A/ 34 IPC and 3 /4 of the Dowry Prohibition Act. Basing upon the same, the learned Magistrate has taken cognizance of the offences, as already indicated above in the foregoing paragraphs of this judgement.

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2 (Cr.M P. No.1712 of 2024)

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(2026:JHHC:7671)

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It is submitted by learned counsel for the petitioners that the allegation against the petitioners is false. Petitioner nos.1 and 2 are brother-in-law of the informant, whereas, petitioner no.3 is father-inlaw of the informant.

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It is next submitted that even if the allegations as made in the FIR are considered to be true, no offence in respect of which the charge-sheet has been submitted, is made out. Hence, it is submitted that the prayer made in the instant Cr. M. P. may be allowed.

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Learned SPP for the State on the other hand vehemently opposes the prayer and submits that there is direct and specific allegation against the petitioners of harassing the informant by beating her repeatedly and driving her away from her matrimonial house, with a view to coerce her to meet their unlawful dowry demand of Rs.7 Lakhs. Further, there is direct and specific allegation against the petitioners for making dowry demand not only from the informant, but also from the father of the informant after coming to the house of the father of the informant; as after the informant was driven out from her matrimonial house, she was forced to live in the house of her father.

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It is next submitted that the willful conduct of the petitioners was of such a nature which is likely to cause grave injury and danger to life both mental and physical of the informant. It is also submitted that Police found the allegations to be true. It is lastly submitted that the instant Cr. M. P. being devoid of any merit, may be dismissed.

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Having heard the rival submissions made at the bar and after going through the materials on record, it is pertinent to mention that there is direct and specific allegation against the petitioners of

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3 (Cr.M P. No.1712 of 2024)

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(2026:JHHC:7671)

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demanding dowry of Rs.7 Lakhs both from the informant and her father on separate occasions and separate places. There is direct and specific allegation against the petitioners of beating the informant with sticks with a view to coerce to meet the unlawful dowry demand of ₹ 7 lakhs.

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In the considered opinion of this Court, if the allegations made in the FIR are considered to be true in their entirety, then each of the offences in respect of which charge-sheet has been filed against the petitioners in fact is made out against the petitioners. The allegations made in the FIR was found to be true during the investigation of the case by the Police and the Police has also submitted charge-sheet against the petitioners for having committed the said offences.

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Under such circumstances, this Court is of the considered opinion that there is no justifiable reason for this Court to accede to the prayer of the petitioners made in this criminal miscellaneous petition in exercise of the power under Section 482 of the Cr. P. C.

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Accordingly, the instant Cr. M. P. being devoid of merits stands

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dismissed.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 18^th March, 2026 AFR/ Sandeep Uploaded on- 23/03/2026

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4 (Cr.M P. No.1712 of 2024)

Aashish Oraon v. the State of Jharkhand

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Aashish Oraon v. the State of Jharkhand

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