( 2025:JHHC:25823 ) 1 Cr.M.P. No.567 of 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 567 of 2021 Dhirendra Kumar Upadhyay, aged about 37 years, Son of Late Ramjas Upadhyay, R/o village –Rabadi, P.O. –Chetama, P.S. – Paton, District –Palamau, Jharkhand. .... Petitioner Versus 1. The State of Jharkhand 2. Smt. Juhi Upadhyay, W/o Dhirendra Kumar Upadhyay, D/o Satish Chandra Upadhyay, R/o Village –Murmusi, P.O. & P.S. – Lesliganj, Distt:-Palamau, and at present resident of village Redma, Panki Road Near Suresh Singh Chowk, P.O. & P.S. – Daltonganj, Distt:-Palamau, Jharkhand, PIN-822102. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Binod Kumar, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P. For the O.P. No.2 : Mr. Anand Kr. Pandey, 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 Paton P.S. Case No.94 of 2020, pending in the court of learned Judicial Magistrate -1st Class, Palamau at Daltonganj. 3. The allegation against the petitioner is that the petitioner being the husband of the opposite party no.2-informant, treated her with cruelty in connection of demand of dowry of Rs.5,00,000/-. As the parents of the informant could not meet the said dowry ( 2025:JHHC:25823 ) 2 Cr.M.P. No.567 of 2021 demand, the petitioner assaulted the informant and the informant was told that unless she meets the dowry demand of Rs. 5,00,000/-, she will not be allowed to stay in her matrimonial house. As she protested the same, a threatening was given that the petitioner would solemnize a second marriage. There is specific allegation that on 14.08.2020, the petitioner along with his relatives after abusing the informant for non-fulfilment of demand of dowry, assaulted her with kicks, fists and lathi/danda. The petitioner assaulted on the head of the informant causing bleeding and grievous injury on her head and she became unconscious and fell down. The villagers came to the rescue of the informant and helped the informant in regaining her sense. Through the mobile phone of a villager, the informant informed her brother. The brother of the informant informed the police by dialling number 100 and came to the matrimonial house of the informant with the police and with the help of police only, the informant could be rescued from her matrimonial house. After the investigation of the case, police submitted charge sheet. 4. It is submitted by the learned counsel for the petitioner that during the trial, six witnesses have so far been examined, the certified copy of the deposition of which is in possession of the learned counsel for the petitioner but he has chosen not to file the same in this case. It is next submitted that the allegation against the petitioner is false. The petitioner married the informant after the death of his first wife Kiran Upadhyay. The informant tried to ( 2025:JHHC:25823 ) 3 Cr.M.P. No.567 of 2021 kill the daughters of the petitioner through his first wife. 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 the petitioner has deliberately suppressed the material facts of the case and has deliberately not filed the copy of the deposition of the witnesses examined in this case, who have supported the case of the prosecution and there is every chance of the petitioner being convicted of the offence, in view of the overwhelming evidence, which has come through the witnesses examined so far, by the trial court. Hence, it is submitted that at this belated stage, the entire criminal proceeding ought not to be quashed and this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the rival submissions made at the Bar and after going through the materials available in the record, this Court finds that there is ample material in the record to prima facie constitute the offences, in respect of which charge sheet has been submitted against the petitioner and in respect of which the petitioner is facing the trial and the trial is admittedly at an advanced stage, as at least six witnesses of the prosecution have already been examined. ( 2025:JHHC:25823 ) 4 Cr.M.P. No.567 of 2021 7. Under such circumstances, this court is not inclined to accede to the prayer of the petitioner made in this criminal miscellaneous petition to quash the entire criminal proceeding in exercise of its power under Section 482 of the Code of Criminal Procedure. 8. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 26th August, 2025 AFR/Sonu-Gunjan/-