IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33036 of 2012
Arising Out of PS.Case No. -45 Year- 2010 Thana -Akbarnagar District- BHAGALPUR
1. Jay Prakash Jha Son of Panchand Jha Resident of Mohalla Anand Bag Gumti
No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.
2. Kumar Shushil @ Shushil Kumar Jha Son of Jay Prakash Jha Resident of
Mohalla Anand Bag Gumti No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.
3. Smt. Shailaja Jha Wife of Jay Prakash Jha Resident of Mohalla Anand Bag
Gumti No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.
4. Sweety Wife of Sudhansu Mishra Resident of Mohalla Anand Bag Gumti No. 12
Bhikhanpur P.S. Ishakchak District Bhagalpur.
5. Ashish Kumar Son of Jay Prakash Jha Resident of Mohalla Anand Bag Gumti
No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.
…. …. Petitioner/s
Versus
1. The State of Bihar
2. Khushbu Kumari Wife of Kumar Shushil Jha and Daughter of Shasidhar Jha
Resident of Village Damodarpur P.S. Akbarnagar District Bhagalpur
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Kundan Kumar
Mr. Dilip Kumar
For the Opposite Party/s : Mr. Gopal Prasad Roy
For the State : Mr. Akhileshwar Dayal, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 10-05-2017
Heard Mr. Kundan Kumar, learned counsel for the petitioners,
Mr. Gopal Prasad Roy, learned counsel for the Opposite Party No. 2
as well as Mr. Akhileshwar Dayal, APP for the State.
2. The petitioners seek quashing of the order dated 07.01.2011,
passed by the Chief Judicial Magistrate, Bhagalpur in Akbarnagar
P.S. Case No. 45 of 2010, whereunder these petitioners were
summoned for the offence under Sections 498A, 327 and 120B of the
Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
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3. The facts in brief is that the O.P. No. 2 (complainant) filed a
Complaint Case No. 1471 of 2010 on the file of Chief Judicial
Magistrate, Bhagalpur alleging therein that after her marriage which
took place on 27.02.2009, her husband and in-law’s started torturing
her in connection with further dowry. She has further alleged that
her husband and in-law’s took her entire ornaments worth Rs. 2 lacs
and cloths worth Rs. 50,000/-. She under compelling circumstance
and also to save her life came back at her father’s place where she
started leading her deserted life. A copy of the said complaint
petition was sent to concerned police station for institution of case
under Section 156(3) of the Cr.P.C. and enquiry. Accordingly,
Akbarnagar P.S. Case No. 45 of 2010 was registered under Section
498A, 327, 120B. The matter was investigated and police submitted
charge-sheet against the petitioners. The learned Magistrate took
cognizance of the offence as stated above.
4. The learned counsel for the petitioners submits that the O.P.
No. 2 (complainant) is not willing to lead conjugal life with her
husband since the date of her marriage. The petitioner no. 2
(husband) wants to keep the complainant with full honour and
dignity. He had filed a Matrimonial Case No. 208 of 2009 for
restitution of conjugal right. As against this, the O.P. No. 2
(complainant), who is not willing to lead conjugal life has filed a
Matrimonial Suit No. 69 of 2011 for dissolution of her marriage
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under Section 13B of the Hindu Marriage Act. The matrimonial
dispute was referred to the Conciliation Centre where both parties
entered into a compromise and they decided to dissolve the matter,
subject to payment of Rs. 7 lacs by the O.P. No. 2 to the complainant.
The marriage of petitioner no. 2 (husband) and O.P. No. 2
(complainant) was to be dissolved on payment of the said amount.
The petitioner no. 2 (husband) deposited an amount of Rs. 2 lacs and
the same was received by the complainant. He further deposited Rs.
2 lacs and 3 lacs as second and third installments. The complainant
after receiving third installments has started demanding more money
to the tune of Rs. 18 lacs towards the expenses of the marriage. In the
above background, learned counsel for the petitioners submitted that
the complainant in order to harass the petitioners has lodged the
present case. The order taking cognizance and issuance of summons
is against the materials on record and so the same is fit to be quashed.
5. The Learned APP, on the other hand, opposed the submissions
by submitting that there are sufficient materials on record to proceed
against the petitioners and the court below has rightly taken
cognizance and ordered for issuance of summons.
6. On perusal of complaint petition and documents on record, I
find that the main allegation of torture in connection with demand of
money is against the petitioner no. 2 (husband). The husband since
the first day of his marriage, started torturing and neglecting the
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complainant. She has further asserted that her husband demanded
money from her family members. During the stay of complainant at
matrimonial house, he used to torture her. Her husband assaulted and
also threatened to commit her murder. The allegation of torture is
general and omnibus against the other petitioners who are in-laws of
the complainant.
7. Accordingly, the order dated 07.01.2011 passed by the Chief
Judicial Magistrate, Bhagalpur in Akbarnagar P.S. Case No. 45 of
2010 so far petitioner nos. 1 (Jai Prakash Jha), 3 (Shailaja Jha), 4
(Sweety) and 5 (Ashish Kumar) are concerned is set aside and this
application to this extent is allowed. However, prosecution with
respect to petitioner no. 2 (husband) will continue before the court
below.
(Sanjay Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 12.05.2017
Transmission 12.05.2017
Date