(2026:JHHC:21586) 1 Cr. M.P. No.2163 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2163 of 2026 ------ Pinki Kumari @ Pinki Singh @ Pinky Kumari, aged about- 32 years wife of Randhir Kumar @ Suraj Daughter of Ajit Singh, Resident of Flat No.06 Ward No.07 Jhalpo Kunti Complex P.O. & P.S. Jhumri Tilaiya, District- Koderma … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Ms. Ruby Pandey, Addl. P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceedings including the First Information Report of Koderma P.S. Case No.180 of 2025 registered for the offences punishable under Sections 126 (2), 115 (2), 333, 303 (2), 3 (5) of the B.N.S., 2023 which is now pending in the court of learned C.J.M., Koderma. 3. Learned counsel for the petitioner submits that the investigation of the case is still going on and charge-sheet has not yet been submitted in this case. 4. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the daughter-in-law of the informant, in furtherance of her brother-in-law, sister and mother (2026:JHHC:21586) 2 Cr. M.P. No.2163 of 2026 committed lurking house-trespass, caused hurt to the informant and her ailing son, wrongfully restrained them and committed theft of jewelleries and cash of Rs.30,000/-. 5. On the basis of the written-report submitted by the informant, police registered the said Koderma P.S. Case No.180 of 2025 and the investigation of the case is going on at present. 6. Learned counsel for the petitioner submits that this case has been instituted for the purpose of wrecking vengeance as prior to institution of this case, the petitioner, on 05.10.2025, lodged Koderma P.S. Case No.169 of 2025 against the informant and her other family members. It is next submitted that the allegations against the petitioners are false and general and omnibus in nature. Hence, it is submitted that the prayer, as prayed for in this Cr.M.P., be allowed. 7. Learned Addl. P. P. appearing for the State on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P. and submits that institution of the case for cruelty by a wife against the husband cannot be used as a shield from prosecution for the offences committed by the wife subsequent thereto with the accused persons of the case instituted by her. It is next submitted that the undisputed fact remains that if the allegations made in the F.I.R. are considered to be true in their entirety then all the offences in respect of which the F.I.R. has been lodged, is made out. It is further submitted that the only contention of the petitioner to quash the entire criminal proceeding is that the allegations against the petitioner are false and this is a concocted case. It is next submitted that the veracity of the (2026:JHHC:21586) 3 Cr. M.P. No.2163 of 2026 statement made by the petitioner in this case can only be determined during the investigation of the case but when the investigation of the case is still going on at this nascent stage, it will not be just and proper to stifle a genuine prosecution of the informant. Therefore, it is submitted that this Cr.M.P., 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 the undisputed fact remains that the petitioner has allegedly committed all the offences in respect of which the F.I.R. has been registered. There is allegation against the petitioner of committing lurking house trespass, commission of theft, commission of causing hurt and commission of the offence of wrongfully restraining the informant and her son and others. As has rightly been submitted by the learned Addl. P. P. appearing for the State that merely because a wife has instituted a case involving inter alia the offence of cruelty against her husband and family members, certainly the same do not give any licence to the informant of such case alleging cruelty to commit offences against the accused persons of the case. 9. Now, the only contention of the petitioner is that the allegation against her is false which is a subject matter of investigation; which is going on at present. Under such circumstances, this Court is of the considered view that this is not a fit case where the investigation of the case against the petitioner be stifled at this nascent stage by this Court in exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (2026:JHHC:21586) 4 Cr. M.P. No.2163 of 2026 10. Accordingly, there is no justifiable reason for this Court to accede to the prayer of the petitioner as prayed for in this Cr.M.P., in exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 22nd of July, 2026 AFR/ Animesh Uploaded on- 23/07/2026