( 2025:JHHC:38711 ) 1 Cr.M.P. No.2143 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2143 of 2023 Gobind Prasad Jaiswal, aged about 67 years, S/o Late Girija Prasad Jaiswal, R/o Village –Barwadih, P.O. –Giridih, P.S. –Giridih (T), District -Giridih. .... Petitioner Versus 1. The State of Jharkhand 2. Devanti Devi, W/o Sri Govind Prasad Jaiswal, R/o Village Mangrodih, Tola –Barbadih, P.O. –Giridih, P.S. –Giridih(T), District –Giridih. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P. (Through V.C.) For the O.P. No.2 : Mr. Sumit Prakash, 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 the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding in connection with in Giridih (Mahila) P.S. Case No. 11 of 2019 corresponding to G.R. Case No. 1668 of 2022 including the order dated 16.07.2022, passed by the learned Chief Judicial Magistrate, Giridih in the said Giridih (Mahila) P.S. Case No. 11 of 2019 corresponding to G.R. Case No. 1668 of 2022 by which the learned court has taken cognizance for the offences punishable under Section 498A/494 of the Indian Penal Code, basing upon which charge sheet has been submitted in the case. ( 2025:JHHC:38711 ) 2 Cr.M.P. No.2143 of 2023 3. The allegation against the petitioner is that the petitioner having his wife living, married the co-accused –Ishrat Parveen, which marriage is a void one by the reason of its taking place during the lifetime of the complainant-wife and thereby the petitioner has committed the offence punishable under Section 494 of the Indian Penal Code. Further, there is allegation against the petitioner of indulging in wilful conduct of such a nature as is to cause grave injury and danger to the life, limb and mental health of the complainant-wife and the petitioner indulged in the said wilful act only because of his illicit relationship with other woman, was protested by the complainant. The complainant filed Complaint Case No. 1799 of 2014 in the court of learned Chief Judicial Magistrate, Giridih which was referred to police under Section 156(3) Cr.P.C. basing upon which police registered Giridih Mahila P.S. Case No. 11 of 2019 and took up investigation of the case and after completion of investigation, police submitted charge sheet against the petitioner for having committed the offences punishable under Section 494/498A of the Indian Penal Code and the learned Magistrate has taken cognizance of the said offences. 4. It is submitted by the learned counsel for the petitioner that the allegation against the petitioner is false. The petitioner has been ousted from his house by his own sons and wife. It is next submitted that the petitioner filed Title Suit No. 89 of 2011 but the suit was dismissed as withdrawn. It is further submitted that the ( 2025:JHHC:38711 ) 3 Cr.M.P. No.2143 of 2023 complainant earlier filed Complaint Case No. 550 of 2012. It is next submitted that the dispute is purely civil in nature. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 5. The learned Spl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition and submits that there is direct and specific allegation against the petitioner of committing the offence punishable under Section 494 of the Indian Penal Code and further the materials in the record are sufficient to constitute the offence punishable under Section 498A of the Indian Penal Code as well. It is further submitted that the only contention of the petitioner that the allegations against him are false; is at the most, the defence which the petitioner can take at the time of trial of the case but the same certainly cannot be a ground to quash the entire criminal proceeding. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. 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 there is direct and specific allegation against the petitioner of marrying the co-accused –Ishrat Parveen during the lifetime of the complainant and which marriage is a void one because of the same having taken place when the marriage between the petitioner and the complainant still subsists and the ( 2025:JHHC:38711 ) 4 Cr.M.P. No.2143 of 2023 complainant is still alive and it is the admitted case of the petitioner that the complainant is his wife and he is still a Hindu by faith. 7. So far as the offence punishable under Section 498A of the Indian Penal Code is concerned, there is allegation against the petitioner of treating his wife with cruelty by his wilful conduct causing injury to the mental health of his wife and the allegations against the petitioner are found to be true during the investigation of the case. The only contention of the petitioner to quash the entire criminal proceeding is that the allegations against the petitioner are false. 8. It is a settled principle of law that the defence of an accused person or the veracity of the evidence put forth by the accused person, cannot be considered by the High Court in exercise of its jurisdiction under Section 482 Cr.P.C., as has been held by the Hon’ble Supreme Court of India, in the case of State of Madhya Pradesh vs. Awadh Kishore Gupta & Ors. reported in 2004 2 Supreme 501. 9. It is also a settled principle of law that the High Court in exercise of its power under Section 482 Cr.P.C. cannot conduct a mini trial, as has been reiterated by the Hon’ble Supreme Court of India, in the case of State of Uttar Pradesh & Anr. vs. Akhil Sharda & Ors. reported in 2022 Live Law SC 594, the relevant portion of which reads as under :- “ Having gone through the impugned judgment and order passed by the High court has set aside the criminal ( 2025:JHHC:38711 ) 5 Cr.M.P. No.2143 of 2023 proceedings in exercise of powers under Section 482 CrPC, it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application under Section 482CrPC. As observed and held by this court in a catena of decisions, no mini trial can be conducted by the High Court in exercise of power under Section 482CrPC, jurisdiction and at the stage of deciding the application under Section 482CrPC, the High Court cannot get into appreciation of evidence of the particular case being considering. (Emphasis supplied) 10. In view of the discussions made above, this Court is of the considered view that this is not a fit case where the prayer as prayed for by the petitioner in this criminal miscellaneous petition is to be acceded to in exercise of its power under Section 482 of the Cr.P.C. 11. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th December, 2025 AFR/Sonu-Gunjan/- Uploaded on 03/01/2026