IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11312 of 2012
Ravi Kumar son of Shri Indra Deo Prasad, resident of Mohalla Kumhrar
(Gobar Toli) Behind Kali Mandir, P.S. Agam Kuan, Dist Town- Patna
… … Petitioner/s
Versus
1. The State Of Bihar
2. Binu @ Binu Verma W/O Ravi Kumar And D/O Shri Indra Deo Gupta
Resident Of House No. -524, Behind Jamuna Apartment, Nehru Nagar,
Boring Road, P.S- S.K. Puri, District Town- Patna.
… … Opposite Party/s
with
Criminal Miscellaneous No. 11323 of 2012
1. Indra Deo Prasad S/O Shri Jay Kumar Lal Resident Of Mohalla-
Kumhrar (GOBAR Toli), Behind Kali Mandir, P.S- Agam Kuan,
Dist Town- Patna
2. Anita Devi W/O Shri Indra Deo Prasad Resident Of Mohalla–
Kumhrar (GOBAL Toli), Behind Kali Mandir, P.S- Agam Kuan,
Dist Town- Patna
3. Vikash Kumar @ Sonu S/O Shri Indra Deo Prasad Resident Of
Mohalla- Kumhrar (GOBAR Toli), Behind Kali Mandir, P.S-
Agam Kuan, Dist Town- Patna
… … Petitioner/s
Versus
1. The State Of Bihar
2. Binu @ Binu Verma W/O Ravi Kumar And D/O Shri Indra Deo Gupta
Resident Of House No. -524, Behind Jamuna Apartment, Nehru Nagar,
Boring Road, P.S- S.K. Puri, District Town- Patna.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Arun Kumar,
Patna High Court Cr.Misc. No.11312 of 2012 dt.11-04-2018
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Mr. Raghubir Chandra
Mr. Ranjeet Kumar, Advocates
For the Opposite Party/s : Mr. Ram Anurag Singh (App)
For the Opp. Party No. 2 : Mr. Jha Vikram
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
C.A.V. JUDGMENT
Date : 11-04-2018
Heard learned counsels for the petitioner, the
State and the oppoiste party no. 2.
Petitioners, by means of this application under
section 482 of the Code of Criminal Procedure, have invoked
the inherent jurisdiction of this Court with prayer to quash the
order dated 24.11.2011, passed by the learned Sub Divisional
Judicial Magistrate, Patna in Complaint Case No. 443C of
2011 by which prima facie case under section 498A of the
Indian Penal Code was found against the petitioners and
complainant was directed to file requisites of summons.
Facts of the case, in short, is that complainant was
married to the petitioner, Ravi Kumar, on 16.06.2010 and at
the time of her marriage parents had given several lakhs of
rupees as gift and expenses of marriage. The complainant
spent few days in her sasural happily, but thereafter accused
persons started mounting pressure on the complainant for
demanding rupees seven lakhs from her parents, On non-
fulfillment of the demand, the accused persons started
Patna High Court Cr.Misc. No.11312 of 2012 dt.11-04-2018
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torturing her and termed as Mad. Due to torture made by the
accused persons, the complainant went in depression for
which she had to take medicines. It is also alleged that the
younger brother of the husband even tried to commit rape
upon the complainant, on which she informed his father and
he came and without saying anything to anyone he took her
back to his residence. On 06.06.2010 she again went to her
Sasural, but on this occasion she was physically tortured. She
was not provided food and was always called as Pagli.
Learned counsel appearing for the petitioners
submits that petitioners are absolutely innocent and have not
committed any offence as alleged in the complaint, rather
they have been falsely implicated in this case. The present
case has been lodged on basis of imaginary and concocted
story in order to save their skin from the misdeeds which they
have committed. General and omnibus allegations have been
levelled against all the petitioners. There is serious
contradiction in the statement of witnesses. As a matter of
fact, the opposite party no. 2 is suffering from mental
disorder, which would be evident from the medical
prescription enclosed with this application as Annexure-3
series, but this fact was deliberately concealed by the opposite
Patna High Court Cr.Misc. No.11312 of 2012 dt.11-04-2018
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parties. On knowing the aforesaid fact, the husband of the
opposite party no. 2 also filed a Divorce Case before the
Family Court, Patna bearing Matrimonial Case No. 859 of
2010 with specific prayer to annul the marriage. So far as
allegation of handing over cheques is concerned, it is relevant
to mention that petitioner no. 2 in Cr. Misc. No. 11323 of
2012 sits in a jewellery shop and different jewellery items
were purchased by the father of the complaint and for
payment of the bill cheques in question were given to the
petitioners. Learned counsel accordingly submits that on basis
of general and omnibus allegations, which are ornamental in
nature, petitioners have been maliciously implicated in the
present case, and as such, the order impugned is fit to be set
aside.
Considering the materials available on record and
the facts of the case, this Court finds substance in the
submissions advanced on behalf of the petitioners. When
petitioner-husband filed the matrimonial case for divorce, the
present prosecution has been brought by the opposite parties.
The present complaint has been filed after filing of the divorce
case by the petitioner, which in terms of the judgment rendered
by the Hon’ble Supreme Court in the case of State of Haryana
Patna High Court Cr.Misc. No.11312 of 2012 dt.11-04-2018
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Vs. Bhajan Lal, reported in 1992 Supp (1) SCC 335 is a
malicious prosecution. Relevant extract of paragraph 102 of the
judgment is quoted hereinbelow for ready reference :
“In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV
and of the principles of law enunciated by this Court
in a series of decisions relating to the exercise of the
extraordinary power under Article 226 or the inherent
powers under Section 482 of the Code which we have
extracted and reproduced above, we give the
following categories of cases by way of illustration
wherein such power could be exercised either to
prevent abuse of the process of any Court or
otherwise to secure the ends of justice, though it may
not be possible to lay down any precise, clearly
defined and sufficiently channelised and inflexible
guidelines or rigid formulae and to give an exhaustive
list of myriad kinds of cases wherein such power
should be exercised:
(1) – (6) ……..
(7) Where a criminal proceeding is manifestly
attended with mala fide and/or where the proceeding
is maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view
to spite him due to private and personal grudge.”
In view of the discussions made above, the order
dated 24.11.2011, passed by the learned Sub Divisional Judicial
Magistrate, Patna in Complaint Case No. 443C of 2011 by
Patna High Court Cr.Misc. No.11312 of 2012 dt.11-04-2018
6/6which prima facie case under section 498A of the Indian Penal
Code was found against the petitioners and complainant was
directed to file requisites of summons, is not sustainable in the
eye of law and is, hereby, quashed.
Both the applications, accordingly, stand allowed.
(Arvind Srivastava, J)
mcv/-
AFR/NAFR NAFR
CAV DATE 28.11.2017
Uploading Date 12.04.2018
Transmission Date 12.04.2018