IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40716 of 2013
Arising out of PS.Case No. -1578 Year- 2010 Thana -VAISALI COM PLAINT CASE District-
VAISHALI (HAJIPUR)

1. Lagan Ram, Son of Late Baja Ram, Resident of Village Gaushpur, P.S.
Rajapakar, District Vaishali

2. Samundri Devi, Wife of Lagan Ram, Resident of Village Gaushpur, P.S.
Rajapakar, District Vaishali

3. Naresh Ram, Son of Lagan Ram, Resident of Village Gaushpur, P.S. Rajapakar,
District Vaishali

4. Babita Devi, Wife of Naresh Ram, Resident of Village Gaushpur, P.S.
Rajapakar, District Vaishali

5. Basudeo @ Basu Ram, Son of Kailash Ram, Resident of Village Gaushpur, P.S.
Rajapakar, District Vaishali

6. Urmila Devi, Wife of Babu Ram, Resident of Village Gaushpur, P.S. Rajapakar,
District Vaishali
…. …. Petitioners
Versus

1. The State of Bihar

2. Lalita Devi, Wife of Bhola Ram, Resident of Shumai Mishra Tola, P.S. Sadar
Hajipur, District Vaishali, at present Lalita Devi, D/o Dinesh Ram, Resident o f
Fulwaria, Thana Mahua, District Vaishali
…. …. Opposite Parties

Appearance :

For the Petitioners : Mrs. Rina Sinha, Advocate
For the State : Mr. Ajay Kumar-I, APP
For O.P. No.2 : Mr. Surendra Kishore Thakur, Advocate

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 11-12-2017

Heard learned counsel for the parties.

2. The petitioners seek quashing of the cognizance order

dated 17.09.2010, passed by learned S.D.J.M., Vaishali at Hajipur in

Complaint Case No.1578 of 2010 thereby taking cognizance of the

offence under Section 498A of the Indian Penal Code as well as under

Section 4 of the Dowry Prohibition Act and issuing summons to stand

trial in the case.

3. The brief fact giving rise to the case is that on
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14.05.2007, the complainant’s marriage was solemnized with Bhola

Ram and thereafter her husband along with all his family members

used to torture her for realizing further demand of Rs.1,00,000/-,

colour TV and motorcycle. Several times they kicked her out of the

matrimonial home, ultimately on 31.05.2010 after abusing and

assaulting her and keeping all her jewelleries pushed out of the

husband’s home.

4. Learned counsel for the petitioners submits that the

allegations are only general and omnibus, no specific overt act is

alleged against the petitioners who are father-in-law, mother-in-law,

brother of the complainant’s husband, his wife, married Nanad and

her husband. Moreover, the complainant after filing compromise is

living with her husband.

5. Learned counsel appearing on behalf of opposite party

no.2 also admits the fact of compromise and the complainant living

together with her husband.

6. Having considered the submissions of both sides and

on perusal of the records, the Court finds that except casual reference

of petitioners’ names finding place in the complaint, no specific

allegation of any act of demand of dowry or torture in that connection

is imputed against any one of the petitioners. Unless specific overt act

of making demand of dowry and committing any harassment in that
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connection or committing cruelty of such a nature likely to drive the

woman to commit suicide or causing grave injury to life, limb or

health is attributed; no prima facie offence under Section 498A of the

Indian Penal Code is attracted, so the entire criminal proceeding

inclusive of the cognizance order dated 17.09.2010, passed in

Complaint Case No.1578 of 2010, pending in the court of learned

S.D.J.M., Vaishali at Hajipur is hereby quashed with respect to the

petitioners.

7. The quashing application stands allowed.

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

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.12.2017
Transmission 15.12.2017
Date