(2026:JHHC:21287) 1 Cr.M.P. No.1157 of 2023 1IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1157 of 2023 Shanti Devi @ Shanti Singh, aged about 69 years, w/o late Ramnaresh Singh, resident of Near Lal Babu Loadg, Sheikhpura, Durga Ashram Gali, P.O.-B.V. College, P.S.-Shastri Nagar, Dist.-Patna, Bihar .... Petitioners Versus 1. The State of Jharkhand 2. Deep Sikha, aged about 30 years, d/o Vijay Kumar, r/o Sayal, P.S.- Bhurkunda, Dist.-Ramgarh …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Pratyush Shounikya, Advocate (Through Video Conferencing) : Mr. Saket Anand, Advocate For the State : Mr. V.K. Vashistha, Spl. P.P. For O.P. No.2 : Ms. Rajni Singh, Advocate : Ms. Priyanka Boby, 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 entire criminal proceeding including the order dated 05.07.2022 passed by the learned Chief Judicial Magistrate, Ramgarh in connection with Patratu (Bhurkunda) P.S. Case No. 22 of 2022 as also the charge sheet submitted in the said case by the I.O. 3. The allegation against the petitioner is that the petitioner being the mother-in-law of the informant treated her with cruelty by harassing her, assaulting her, abusing her and taunting her with (2026:JHHC:21287) 2 Cr.M.P. No.1157 of 2023 the intention to coerce her to meet the unlawful dowry demand and the dowry was to be brought by the informant from her parents. There is also allegation against the petitioner of being in furtherance of common intention with the co-accused-Neeraj Kumar Singh of overawing the informant to facilitate co-accused- Neeraj Kumar Singh to outrage the modesty of the informant by even touching the breast of the informant. Further, there is allegation of restraining the informant and criminally intimidating her and intentionally insulting her to provoke breach of peace or to commit any other offence besides demanding dowry. 4. On the basis of the written report submitted by the informant, police registered Patratu (Bhurkunda) P.S. Case No. 22 of 2022 and took up investigation of the case. After completion of investigation, police submitted charge sheet against the petitioner after inter alia finding the allegations against the petitioner to be true. Basing upon the charge sheet submitted by the police, learned Chief Judicial Magistrate, Ramgarh has taken cognizance of the offences punishable under Section 341, 323, 354, 498A, 504, 506 and 34 of the Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act. 5. It is submitted by the learned counsel for the petitioner that the case is next fixed to 22.08.2026 for consideration of framing of charge. 6. It is further submitted by the learned counsel for the petitioner that the petitioner is innocent and has not committed any offence (2026:JHHC:21287) 3 Cr.M.P. No.1157 of 2023 and the informant has come up with a concocted story. It is next submitted by the learned counsel for the petitioner that the case has been instituted as a counter blast after receiving of the notice of the case instituted by the son of the informant for dissolution of his marriage with the informant. It is then submitted by the learned counsel for the petitioner that the allegations against the petitioner are all false and are general and omnibus in nature. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 7. Learned Spl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer of the petitioner made in this criminal miscellaneous petition and submits that in view of the direct and specific allegation against the petitioner of harassing the informant with a view to coerce her to meet the unlawful demand of dowry by taunting her, assaulting her, abusing her and in furtherance of her intention with her son-in-law-Neeraj Kumar Singh overawing the informant to facilitate the co-accused-Neeraj Kumar Singh outraging the modesty of the informant by inter alia touching the breast of the informant and indulging in character assassination of the informant by frequently addressing her to be the woman of loose character and easy virtue. It is then submitted by the learned Spl.P.P. and the learned counsel for the opposite party no.2 that there is further allegation of demand of dowry and harassing the informant with the motive of coercing the informant to meet the (2026:JHHC:21287) 4 Cr.M.P. No.1157 of 2023 unlawful demand of dowry as well as criminally intimidating her and insulting her intentionally of such a nature so as to make her commit breach public peace or commit any other offence. It is next submitted by the learned Spl. P.P. and the learned counsel for the opposite party no.2 that the contention of the petitioner that the allegations against her are false is at best a defence which the petitioner can take at the time of trial of the case; but certainly is not a ground to quash the entire criminal proceeding. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that perusal of the record reveals that there is direct and specific allegation against the petitioner of treating the informant with cruelty by harassing her with a view to coerce her to meet the unlawful demand of dowry and undisputedly the informant is the daughter-in-law of the petitioner. There is specific allegation against the petitioner of frequently assaulting the informant, causing hurt to her, abusing her, taunting her and even going to the extent of indulging in her character assassination by calling her to be a woman of loose character and easy virtue. Further, not only being contended with that the petitioner, in furtherance of her common intention with her son-in-law namely Neeraj Kumar Singh outraged the modesty of the informant by making the co-accused touch the breast of the (2026:JHHC:21287) 5 Cr.M.P. No.1157 of 2023 informant after overawing the informant and also demanded dowry. All these allegations against the petitioner were found to be true by the police during the investigation of the case and after finding allegation to be true during the investigation of the case police submitted charge sheet inter alia against the petitioner. Basing upon the charge sheet, learned Chief Judicial Magistrate, Ramgarh has taken cognizance of the offences. 9. It is needless to mention here that it is a settled principle of law that the defence of the accused persons and the veracity of the evidence put forth by the accused, cannot be considered in exercise of jurisdiction under Section 482 Cr.P.C. by the High Court, as that would be job of the trial court, 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. 10. It is also settled principle of law as has been held 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 that no mini trial can be conducted by the High Court in exercise of its jurisdiction under Section 482 Cr.P.C., 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 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 (2026:JHHC:21287) 6 Cr.M.P. No.1157 of 2023 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) 11. Now coming to the facts of the case, as already indicated above, there is direct and specific allegation against the petitioner of committing the offences. The main contention of the petitioner is that the allegations against her are false. This contention of the petitioner is at best a defence of the petitioner; which the petitioner can take during the trial of the case but certainly the same is not a ground to quash the entire criminal proceeding, as also the order dated 05.07.2022 passed by the learned C.J.M., Ramgarh in connection with Patratu (Bhurkunda) P.S. Case No. 22 of 2022 as well as the charge sheet submitted in the said case by the I.O. 12. In view of the discussions made above, this Court is of the considered view that this is not a fit case where the power under Section 482 of Cr.P.C. is to be exercised by this Court for acceding to the prayer of the petitioner as made in this criminal miscellaneous petition. 13. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th July, 2026 AFR/Gunjan/- Uploaded on 20/07/2026