IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34149 of 2014
1. Shivjee Pandit Son of Late Chhathu Pandit
2. Sikila Devi W/O Shivjee Pandit Both are Resident of Village- Mau Bazar, P.S.
Vidyapati Nagar, District- Samastipur.
…. …. Petitioners
Versus
1. The State of Bihar
2. Sanju Devi W/O Vishnu Kant Pandit, D/O Baleshwar Pandit Both are Resident
of Village- Mau Bazar, P.S. Vidyapati Nagar, District- Samastipur. Present
Addres Resident of Village- Rani, P.S. Bachhwara, District- Begusarai, Naihar’s
Address- Jalalpur, P.S.- Dalsingsarai, District- Samastipur.
…. …. Opposite Parties
Appearance :
For the Petitioners : Mr. Jai Prakash Singh, Advocate
For the Opposite Party No.2 : Mr. Parmeshwar Mehta, Advocate
For the State : Mr. Ram Sumiran Rai, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 24-08-2017
Heard.
2. This application under Section 482 of the Cr.P.C. has been filed to
quash the order dated 12.07.2012 passed by SDJM, Begusarai in Complaint Case
No.74 of 2012. The court below as per impugned order, finding prima-facie case
for the offence under Sections 498A, 323 and 379/34 of the IPC and Section 4 of
the Dowry Prohibition Act ordered for issuance of summons against the
petitioners.
3. The Opposite Party No.2 filed a complaint case on the file of CJM
alleging inter-alia that after the death of her first husband, she married with
Kishun Kant Pandit and thereafter she along with her three children started
residing with her second husband and in-laws. After few months of her marriage
the husband and in-laws started demanding Rs.1,00000/- and one motorcycle. The
said demand was not fulfilled and so her husband and in-laws assaulted and after
Patna High Court Cr.Misc. No.34149 of 2014 dt.24-08-2017
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snatching her entire belongings ousted from their house.
4. Learned counsel for the petitioners submits that the Opposite Party
No.2 was earlier married with one Sanjay Pandit and from the said wed lock she
was blessed with three children. After the death of first husband, the Opposite
Party No.2 was married with Kishun Kant Pandit who is own sister’s son of the
first husband. The marriage was performed with the consent of both the parties
and there was absolutely no demand of any dowry. The petitioners are parents-in-
laws of Opposite Party No.2. The complainant Opposite Party No.2 herself left
the house and started residing at her father’s place and thereafter went at the place
of her first husband. The allegation of torture at the instance of in-laws does not
arise and they had no occasion to visit at her paternal place or at the place of her
first husband. The court below has/had no territorial jurisdiction to entertain the
complaint petition. The learned court below without applying judicial mind has
taken cognizance against the petitioners and so the impugned order is fit to be
quashed.
5. Learned counsel for the Opposite Party No.2 has opposed the
submission. It was submitted that the charges have been framed against the
petitioners and so at this stage, the cognizance order cannot be quashed.
6. On perusal of impugned order and complaint petition, I find that
the main allegation of torture is against the husband. The complainant was
married with one Sanjay Pandit and from the said wed-lock she was blessed with
three children. After the death of first husband, the Opposite Party No.2 married
with the son of the present petitioners. The husband is the own sister’s son of the
first husband of the complainant. The husband has challenged the validity of his
marriage by filing a Divorce Case no.152 of 2011 on 08.09.2011 and after filing
of divorce case the complainant has filed the present complaint case no.74C of
2012 on 10.01.2012. The allegation of torture and demand of dowry appears
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omnibus against the petitioners who are parents-in-laws.
7. In this regard, I would like to refer the cases of Neelu Chopra vs.
Bharti (2009) 10, SCC 184, Geeta Mehrotra and others vs. State of UP Others
(2012) 10 SCC page 741, 2013(2) PCCR 210 (SC) and Preeti Gupta and others
vs. State of Jharkhand Others (2010) 7, SCC page 667 wherein the Hon’ble
Apex Court has reiterated that in absence of specific allegation and prima-facie
case against co-accuseds, the order taking cognizance will be bad in law and that
will be an abuse of process of Court.
8. The petitioners are parents-in-law of the Opposite Party No.2 who
was having three children from the first husband. After, the death of first husband,
she married with the son of these petitioners. The second husband is none else
than the own Bhagina of her first husband. The allegation of torture is omnibus
against these petitioners. The Opposite Party No.2 is presently residing at the
place of her first husband. The allegation against these petitioners that they visited
at the paternal place of Opposite Party No.2 and also at the place of her first
husband is vague and omnibus and so if their prosecution is allowed to continue,
it would be an abuse of process of the Court.
9. In view of the above facts and circumstances, the order dated
12.07.2012 taking cognizance with respect to these petitioners and their criminal
prosecution on the basis of said cognizance order is quashed and this criminal
miscellaneous application is allowed.
(Sanjay Kumar, J)
B.Kr./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 28.08.2017
Transmission 28.08.2017
Date