SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Jaibir Jha vs State Of Bihar And Anr on 18 January, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 33350 of 2011

1. Ganga Devi Wife of Upendra Jha

2. Upendra Jha Son of Deokan Jha

3. Raghuvir Jha Son of Upendra Jha

4. Rakhi Devi Wife of Raghuvir Jha

5. Balbir Jha Son of Upendra Jha
All residents of Village- Mahrajpur P.S. Khajauli, District- Madhubani, At
present 15/12/A Road, Kolkata-700031.

… … Petitioner/s
Versus

1. The State of Bihar

2. Mrs. Chandani Jha Wife of Balbir Kumar Jha, Daughter of Sri Khela Nand
Jha, resident of Village Mahrajpur, P.S. Khajauli, District- Madhubani, at
present resident of Village- Mangrauni, P.S. Rajnagar, District- Madhubani.

… … Opposite Party/s

with
Criminal Miscellaneous No. 14724 of 2014

Arising Out of Complaint Case No.-1423 Year-2008 Thana- MADHUBANI COMPLAINT
CASE District- Madhubani

Jaibir Jha Son of Upendra Jha, Resident of Village/Mohalla Mahrajpur, Police
Station Khajauli and District Madhubani. At Present Resident Of 15/12 Road,
P.S. District- Kolkata-700031.

… … Petitioner/s
Versus

1. The State of Bihar

2. Mrs. Chandani Jha Wife of Balbir Kumar Jha, Daughter of Sri Khela Nand
Jha, Village/Mohalla Mahrajpur, Police Station Khajauli and District
Patna High Court Cr.Misc. No.33350 of 2011 dt.18-01-2019
2/5

Madhubani, At Present Resident of Village Mangrauni, Police Station
Rajnagar, District Madhubani.

… … Opposite Party/s

Appearance :

(In Criminal Miscellaneous No. 33350 of 2011)
For the Petitioner/s : Mr. Raj Kumar and
Mr. Ratnakar Jha, Advocates
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
(In Criminal Miscellaneous No. 14724 of 2014)
For the Petitioner/s : Mr. Raj Kumar and
Mr. Ratnakar Jha, Advocates
For the Opposite Party/s : Mr. Madan Kumar, A.P.P.

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 18-01-2019

Heard learned counsel for the petitioners and learned

A.P.Ps. for the State.

2. The petitioners have moved the Court under Section

482 of the Code of Criminal Procedure, 1973 (hereinafter referred

to as the ‘Code’) against the order dated 08.06.2009, passed in

C.R. Case No. 1423 of 2008, by the Sub Divisional Judicial

Magistrate, Madhubani, by which cognizance has been taken

against them under Sections 498A and 323 of the Indian Penal

Code.

3. The complainant is the wife of petitioner no. 5 in Cr.

Misc. No. 33350 of 2011 and the other petitioners are his close

relatives. The allegation is of demand of dowry, torture and assault

and also taking of signature on blank paper at gun point. On
Patna High Court Cr.Misc. No.33350 of 2011 dt.18-01-2019
3/5

04.01.2019, the Court had recorded the following at paragraph no.

2:

“2. Pursuant to order dated 06.12.2018,
a report has been submitted by Ms. Rashmi
Kumari, Para Legal Volunteer dated 14.12.2018,
in which she has stated that she went to the
residence of the opposite party no. 2, where she
was unavailable and she meet her nephew who
informed that she has again married and living in
her matrimonial home in Delhi. It has also been
stated that on telephonic talk with the opposite
party no. 2, she informed that she does not desire
to contest the present matter. On a query of the
Court that though the petitioner no. 5 of Cr. Misc.
No. 33350 of 2011, has obtained an ex-parte
divorce decree but being the husband and the
nature of allegation, how it is proposed to
compensate the opposite party no. 2 for having
suffered such maltreatment, learned counsel for
the petitioners submitted that the matters may be
adjourned for a few days to enable him to take
instructions specifically on this point.”

4. Thereafter, on 10.01.2019, the Court had asked

learned counsel for the petitioners to file an affidavit with regard

to movable and immovable properties of Balbir Jha, one of the

petitioners. In terms thereof, an affidavit has been filed giving

details of the properties, both movable and immovable, belonging

to Balbir Jha, who is the husband of the complainant. From the

same, it transpires that with regard to immovable property, 2.5

kathas of land in the village would come in his share from the

ancestral side and besides that he has a motorcycle in his name

and was initially working as a salesman in a Kirana shop in
Patna High Court Cr.Misc. No.33350 of 2011 dt.18-01-2019
4/5

Kolkata and drawing a salary of Rs. 5,000/- per month and

subsequently, got engagement as a taxi driver and earning Rs.

12,000 to 15,000/- per month.

5. Learned counsel for the petitioners submitted that in

the aforesaid background, Balbir Jha has instructed him to inform

the Court that he can afford to pay Rs. 1.5 lakhs to the opposite

party no. 2, by way of a one time compensation. It was further

submitted that Balbir Jha has also instructed that he may be given

five months time to pay the amount.

6. The Court upon taking assistance from learned A.P.P.,

is of the opinion that in the present facts and circumstances of the

case, especially that the opposite party no. 2 has categorically

stated that she does not want to continue with the case and further,

about her being married and living in the new matrimonial home,

the present is a case where the Court should exercise its inherent

power under Section 482 of the Code. It is relevant to note here

that Balbir Jha had already taken an ex parte divorce from the

opposite party no. 2 and, thus, the remarriage of opposite party no.

2 appears to be without any legal hitch.

7. For reasons aforesaid, the applications are allowed.

The entire proceedings arising out of C.R. Case No. 1423 of 2008,

including the order taking cognizance dated 08.06.2009, pending
Patna High Court Cr.Misc. No.33350 of 2011 dt.18-01-2019
5/5

before the Court below at Madhubani, stands quashed. However,

the aforesaid order is subject to payment of Rs. 1.5 lakhs by Balbir

Jha, one of the petitioners, to the opposite party no. 2, by

depositing the same in her Bank account latest by 30 th June, 2019,

failing which the order quashing the criminal case shall

automatically stand recalled and C.R. Case No. 1423 of 2008 shall

stand restored to its original file and number.

8. Let the lower Court records be returned forthwith.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR
U
T

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation