Patna High Court Cr.Misc. No.34293 of 2014 dt.28-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34293 of 2014
Arising Out of P.S.Case No. -4 Year- 2014 Thana -RAMKRISHNANAGAR District- PATNA
1. Balmatia Devi W/O Amir Lal Yadav @ Amir Lal Singh
2. Amir Lal Yadav @ Amir Lal Singh Son of Shyam Lal Yadav Both resident of
village Sheikhpura, Police Station Ram Krishan Nagar, District- Patna.
…. …. Petitioners
Versus
1. The State of Bihar
2. Rubi Devi, wife of Suaj Yadav, resident of village-Dhelwan, Police Station
Ram Krishan Nagar, District-Patna.
…. …. Opposite Parties
Appearance :
For the Petitioners : Mr. Anil Kumar Singh, Advocate
For the Opposite Parties : Mr. Arun Kumar Pandey, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 28-07-2017
This application under section 482 of the Cr.P.C. has
been filed to quash the order dated 21.07.2014 passed by learned
Judicial Magistrate, Ist Class in Ramkrishna Nagar P.S.Case No.04 of
2014 whereunder the Magistrate finding prima-facie case for the
offence under sections 341, 323, 324, 307, 498A/34 of the IPC
summoned the petitioners.
2. Heard learned counsel for the petitioner and APP for
the State.
3. The Opposite Party No.2 in spite of personal service
of notice did not appear to oppose the quashing application. Both the
petitioners are parents of the husband of informant Opposite Party
No.2. None of them are named in the FIR. The case has been
registered only against the husband with specific allegation that in the
night of 13.01.2014 her husband threw boiled milk on her person
Patna High Court Cr.Misc. No.34293 of 2014 dt.28-07-2017
causing burn injuries. The marriage of informant was performed in
the year 2002 and from the said wedlock she has three children. She
had lodged a police vide Ramkrishnanagar P.S.Case No.95 of 2010
for the offence under Sections 498A, 323/34 of the IPC. The husband
of the informant had also filed a divorce case no.287 of 2013 before
Principal Judge, Family Court, Gaya. After institution of said case, the
ifnorant had lodged the present case only against the husband with
specific allegation. It appears that the name of these petitioners
appeared in supervision of Dy.S.P. which is against the material on
record as submitted by his learned counsel. The criminal prosecution
of these two petitioners in such circumstance would amount to abuse
of the process of the Court as the main grievance of the informant is
against the husband. There is nothing against these petitioners on
record particularly the allegation of torture and assault.
4. In view of above facts the criminal prosecution of
these petitioners cannot be sustained. The order taking cognizance so
far these petitioners are concerned is quashed and this criminal
miscellaneous application is allowed.
(Sanjay Kumar, J)
B.Kr./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 01.08.2017
Transmission 01.08.2017
Date