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Ravi Kumar vs The State Of Bihar & Anr on 11 April, 2018

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
2/6

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
5/6

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
6/6

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, 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

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