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 –
…. …. Petitioners
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
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
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
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
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.)
CAV DATE NA
Uploading Date 05.08.2017