IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15873 of 2014
Arising out of Complaint Case No.-262-C Year-2010 Thana- WEST CHAMPARAN
COMPLAINT District- West Champaran
Ajay Kumar, Son of Raghav Prasad, Resident of Village – Rampurwa, P.S.-
Malahi, District – East Champaran
… … Petitioner/s
Versus
1. The State of Bihar
2. Gitanjali Devi, wife of Ajay Kumar, Daughter of Bal Kanhaiya Prasad, At-
Mitra Chauck Ganj No. 2, Hospital Road, P.S. Betia Nagar, District- West
Champaran
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mrs. Prem Sheela Pandey, Advocate
For Opposite Party No.2 : Mr. Vipin Kumar, Advocate
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 18-04-2018
Seeking quashing of an order dated 30th of
November, 2010 passed by the S.D.J.M., Bettiah, West
Champaran in a complaint case bearing No. 262-C of 2010
registered against the applicant under Section 498A I.P.C. read
with Sections 3 and 4 of the Dowry Prohibition Act, this
application has been filed under Section 482Cr.P.C.
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Complainant-respondent is the wife of the present
applicant and they were married on 25.11.2007. After marriage,
it seems that allegations were made against the applicant for
demand of dowry and harassment. Matrimonial disputes are
pending. The petitioner husband has filed a case for dissolution
of marriage on the ground of adultery, desertion etc. and the
respondent wife has initiated proceedings for maintenance
which is pending in the competent court of jurisdiction in the
State of Bihar. However, in the meanwhile on the account of
demand of dowry and harassment, the application has been filed
and based on the evidence that came on record, cognizance has
been taken.
Now, in this application the allegation made are
that a false complaint has been lodged because the wife was
having illicit relation. A complaint with regard to this was made
and, therefore, to circumvent that complaint, on false allegation,
the present proceedings, have been initiated.
Having heard learned counsel for the parties and on
a perusal of the record, I find that in the complaint and in the
statement of the complainant and her witnesses various
allegations are made with regard to demand of dowry and
harassment and looking to the nature of allegations made in the
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complaint, it is not a fit case where, exercising the extraordinary
jurisdiction under Section 482 Cr.P.C., at this stage, the
complaint can be dismissed.
Accordingly, granting liberty to the petitioner to
raise all the defence and objections before the trial court, where
the matter is pending, the application stands dismissed.
(Rajendra Menon, CJ)
P.K.P./-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 24.04.2018
Transmission Date 24.04.2018