IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30244 of 2012
Arising Out of PS.Case No. -697 Year- 2012 Thana -null District- PATNA
1. Dinesh Patel S/O Ramekbal Patel R/O Village – Hajipur Rambhadra, Devi
Asthan, P.S. Hajipur, Distt. – Vaishali
2. Ramekbal Patel S/O Charitra Patel R/O Village – Hajipur Rambhadra, Devi
Asthan, P.S. Hajipur, Distt. – Vaishali
3. Munia Devi W/O Ramekbal Patel R/O Village – Hajipur Rambhadra, Devi
Asthan, P.S. Hajipur, Distt. – Vaishali
…. …. Petitioners
Versus
1. The State Of Bihar
2. Rani Patel W/O Dinesh Patel, D/O Bindeshwar Singh R/O Vill. – Madarna, P.S.
Distt. Hajipur At Present New Jaganpura, P.S. Ramkrishna Nagar, Distt. –
Patna
…. …. Opposite Parties
Appearance :
For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate
For the complainant : Mr. Santosh Kumar Deepak, Advocate
For the Opposite Party/s : Mr. Akhileshwar Dayal, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 26-04-2017
Heard the counsel for the petitioners, the counsel for the
complainant (Opposite Party No. 2) and the learned APP for the
State.
2. The petitioners seek quashing of order dated 02.07.2012
passed by the learned Sub-Divisional Judicial Magistrate, Patna in
complaint case No. 697 ( C) of 2012, whereunder the court below
finding prima facie case for the offences under Section 498A of the
Indian Penal Code and Section 4 of the Dowry Prohibition Act
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ordered for issuance of summons against the present petitioners.
3. The complainant (Opposite Party No. 2) filed a
complaint case on the file of Chief Judicial Magistrate against the
petitioners and two others, alleging inter alia that after marriage,
which took place on 09.05.1997. She came at her matrimonial
place where the petitioners, who are husband and parents-in-laws
started torturing her in connection with demand of Rs. 50,000/- in
cash and a colour T.V. The complainant and her witnesses at the
time of enquiry supported the allegation of torture and the court
below considering the materials available on record passed the
impugned order.
4. The counsel for the petitioners submits that the
marriage took place in the year 1997 and from the said wedlock,
the complainant got two children who are aged about 10 years and
7 years respectively. The complainant has some relationship with
one Pawan Kumar and she voluntarily left the house of the
petitioners and started residing with Pawan Kumar leaving her two
children at the mercy of these petitioners. The said Pawan Kumar
and one Pappu Kumar have been examined by the complainant.
They are strangers to the family of the petitioners having their
residence at different place at Patna. It was further submitted that
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there is absolutely nothing against the petitioners so as to order for
issuance of summons. It was also submitted that the complainant
(Opposite Party No. 2) has entered into compromise on 04.08.2014
and since then she is residing with the petitioners in the light of
undertaking and assurance given by the petitioners to keep the
complainant with full honour and dignity.
5. Learned counsel for the Opposite Party No. 2 as well as
the learned APP for the State opposed the submissions made on
behalf of the petitioners.
6. On perusal of the Lower Court Records (LCR), I find
that the marriage of the complainant took place on 09.05.1997. She
has alleged cruelty against the petitioners since 25.09.2009, on
which date, she was allegedly assaulted at her matrimonial place.
The occurrence allegedly took place in her matrimonial house, but
not a single witness has been examined from the locality of her
matrimonial place. None of the relative of the complainant has
come forward to support her case of cruelty. The witness A.W.-1
(Pappu Kumar) is aged about 25 years and he was examined on
28th May, 2012, wherein he has stated that he knows the
complainant since last one year. He has not stated about any
acquaintance with any of the petitioners. A.W.-2 (Pawan Kumar) is
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aged about 20 years, who is one of the tutor in the coaching
institute run by the complainant. Both the witnesses are resident of
different place located at Patna. The allegation of torture also
appears omnibus.
7. In view of above, I find that continuance of prosecution
against the petitioners would amount to abuse of process of the
Court.
8. Accordingly, the order dated 02.07.2012 is set aside and
the petition is allowed.
(Sanjay Kumar, J)
ajaypd./-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 28.04.2017
Transmission 28.04.2017
Date
