(2025:JHHC:29299) Cr.M.P. No.1793 of 2020 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1793 of 2020 1. Tipu Sultan Khan @ Tipu Sultan, aged about 30 years, son of Md. Kalam Khan, resident of Budha Chakrobarty Lane, Asansol, P.O.- Asansol, P.S.-Asansol, Dist.-Burdwan (W.B.) 2. Nurjahan Khatun, aged about 55 years, wife of Md. Kalam Khan, resident of Budha Chakrobarth Lane, Asansol, P.O.-Asansol, P.S.- Asansol, Dist.-Burdwan (W.B.) 3. Nasiba Begum, aged about 34 years, daughter of Md. Kalam Khan, resident of Budh Chakrobarth Lane, Asansol, P.O.-Asansol, P.S.- Asansol, Dist.-Burdwan (W.B.) .... Petitioner Versus 1. The State of Jharkhand 2. Kishwar Praween, wife of Sahadat Hussain Khan, resident of Muslim Nagar, P.O. & P.S.-Daltonganj, Dist.-Palamau (Jharkhand) …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Indrajit Sinha, Advocate : Mr. Sagar Kumar, Advocate For the State : Mrs. Lily Sahay, Addl. P.P. For O.P. No.2 : Mr. Randhir Kumar, Advocate : Ms. Sumitra Kumari, Advocate ….. By the Court:- 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the FIR in connection with Daltonganj Town P.S. (2025:JHHC:29299) Cr.M.P. No.1793 of 2020 2 Case No. 10 of 2020 registered for the offences punishable under Sections 498A, 323, 379, 506 and 34 of Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that charge sheet has already been submitted and cognizance of the offence has already been taken but the petitioners have not filed the certified copy of the charge sheet basing upon which cognizance has been taken by the learned Chief Judicial Magistrate, Palamau at Daltonganj. It is next submitted by the learned counsel for the petitioners that consequent upon submission of charge sheet, the learned Chief Judicial Magistrate, Palamau at Daltonganj has taken cognizance of the offences punishable under Sections 498A/ 323 of Indian Penal Code and under Sections 3/4 of Dowry Prohibition Act. It is further submitted by the learned counsel for the petitioners that the petitioners filed Interlocutory Application No. 4307 of 2022 for amendment of the prayer portion of the petition which was allowed and the learned counsel for the petitioners was permitted to make out necessary amendment in the prayer portion of the petition but neither the petitioners nor their counsel has thought it fit to make the necessary amendment in the prayer portion of the petition; in defiance of the order of this court. 4. The allegation against the petitioners is that the petitioner no.1 being the husband, petitioner no.2 being the mother-in-law and petitioner no.3 being the sister-in-law (Nanad) treated the informant with cruelty in connection with demand of dowry by (2025:JHHC:29299) Cr.M.P. No.1793 of 2020 3 assaulting her and were torturing her mentally also. The dowry demand was of a vehicle, which the parents of the informant was unable to meet because of their poor financial condition. The informant was also kept locked in a room in her matrimonial house and the petitioners used to harass and threatened the informant to kill her by throttling her neck. 5. The Complaint Case No. 48 of 2020 was filed by the complainant which was referred to police under Section 156(3) Cr.P.C. and on the basis of the same, police registered Daltonganj Town P.S. Case No. 10 of 2020. Police took up investigation of the case and after completion of investigation, police found the allegation inter alia against the petitioners to be true for having committed the offences punishable under Sections 498A/323 of Indian Penal Code as well as under Section 3/4 of D.P. Act and the learned Chief Judicial Magistrate, Palamau at Daltonganj has taken cognizance of the said offences. 6. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are all false. It is next submitted by the learned counsel for the petitioners that the marriage of the informant with the petitioner no.1 was a love marriage and the petitioner nos.2 and 3 were no way associated with this case. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed. 7. Learned Addl. P.P. appearing for the State and the learned counsel for the opposite party no.2 on the other hand opposes the (2025:JHHC:29299) Cr.M.P. No.1793 of 2020 4 prayer as made by the petitioners in this criminal miscellaneous petition and submits that ample material has come up during the investigation of the case to implicate the petitioners for having committed the offences punishable under Sections 498A/323 of Indian Penal Code and under Section 3/4 of Dowry Prohibition Act and hence, the petitioners have deliberately withheld the charge sheet submitted against them by the police after investigation of the case, from the Court by suppressing the material facts and have not come to court with clean hence. It is next submitted by the learned Addl. P.P. and the learned counsel for the opposite party no.2 that since there is ample material in the charge sheet to show commission of the said offences by each of the petitioners, the cognizance has rightly been taken of the offences by the learned Chief Judicial Magistrate, Palamau at Daltonganj basing upon the charge sheet which has been withheld by the petitioners from this Court. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 8. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the undisputed fact remains that police has submitted charge sheet against the petitioners for having committed the offences punishable under Sections 498A/323 of Indian Penal Code and under Sections 3/4 of Dowry Prohibition Act, after finding the allegation against them to be true. The petitioners for reasons best (2025:JHHC:29299) Cr.M.P. No.1793 of 2020 5 known to them have withheld the charge sheet, basing upon which cognizance has been taken by the learned Chief Judicial Magistrate, Palamau at Daltonganj. So, this Court has no hesitation in holding that the petitioners have not come to Court with clean hands. 9. In view of the materials in the record, as the learned Chief Judicial Magistrate, Palamau at Daltonganj has taken cognizance of the offences basing upon the charge sheet, which has been withheld without any plausible reason by the petitioners from this Court, therefore, this Court is of the considered view that there is no justifiable reason to accede to the prayer of the petitioners made in this criminal miscellaneous petition in exercise of the power under Section 482 of Cr.P.C. 10. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 22th September, 2025 AFR/Sonu-Gunjan/-