Smt. Manti Devi & Anr vs State Of Bihar & Anr on 3 August, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37437 of 2014
Arising out of P.S. Case No.1883 Year 2013 Thana PATNA COMPLAINT CASE District PATNA

1. Smt. Manti Devi W/o Mahendra Choudhary (Mother-In-Law)

2. Mahendra Choudhary Son of Late Ramehwar Choudhary (Father-In-Law) Both
resident of Village – Andar Bazar, Masjid Gali, P.S. – Chandradeep, District –
Jamui.

…. …. Petitioners
Versus

1. The State of Bihar.

2. Smt. Jyoti Kumari D/o Brij Bihari Choudhary, W/o Rajendra Kumar Resident
of Village – Lodipur, P.S.- Gandhi Maidan, District- Patna.

…. …. Opposite Parties

Appearance :

For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 03-08-2017

Heard learned counsel for the parties.

2. This quashing application has been filed by the

petitioners, who are accused in Complaint Case No.1883(C) of 2013,

filed by daughter-in-law for committing torture and harassment in

connection with demand of dowry under Section 498A of the Indian

Penal Code.

3. Learned counsel for the petitioners submits that the

petitioners are father-in-law and mother-in-law and there is no

specific allegation against them regarding making demand of dowry

and torture in that connection. However, later on development is that

the differences between husband and wife have been reconciled and

both are living together and they agree to withdraw their respective
2 Patna High Court Cr.Misc. No.37437 of 2014 dt.03-08-2017

2/2

cases.

4. Learned counsel appearing on behalf of opposite

party no.2 also concedes to the argument that husband and wife both

are living together amicably.

5. Having considered the submissions of both sides as

well as on perusal of records, this Court finds that petitioners are

father-in-law and mother-in-law and there is no specific allegation

against these two in the complaint petition except general and

omnibus allegation and now the situation has changed in view of the

fact that wife and husband both are living together peacefully after

reconciling the differences so the criminal proceeding against the

petitioners would be abuse of the process of the court so the order of

cognizance dated 02.05.2014, passed in Complaint Case No.1883(C)

of 2013 by the learned Judicial Magistrate, 1st Class, Patna and

subsequent criminal proceeding against the petitioners is set aside.

6. The petition stands allowed.

(Arun Kumar, J.)
S.Kumar/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.08.2017
Transmission 05.08.2017
Date

Leave a Comment

Your email address will not be published. Required fields are marked *