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Md. Ayub & Ors vs State Of Bihar & Anr on 27 July, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14365 of 2015
Arising Out of PS.Case No. -1043 Year- 2008 Thana -SAHARSA COM PLAINT CASE District-
SAHARSA

1. Md. Ayub, S/o Md. Yunus

2. Md. Irshad, S/o Md. Yunus

3. Bibi Noorjahan @ Noorjahan, D/o Md. Yunus

4. Munni, D/o Md. Yunus

5. Md. Yunus, S/o Late Nijam @ Late Md. Nijamuddin

6. Mehrunisha @ Mehrulnisha @ Mehrunisha W/o Md. Yunus
All residents of Ward No. 8, Gandhi Path, Saharsa, P.S. – Saharsa, District –
Saharsa.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Shahnaz Praveen, W/o Md. Yusuf, D/o Abdul Hakim, resident of Ward No. 21,
Gandhi Path, Saharsa, P.S. – Saharsa, District – Saharsa.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate.

Mrs. Meena Singh, Advocate.

For the Complainant : Md. Sufiyan, Advocate.

Thakur Brajesh Singh, Advocate.

For the State : Smt. Pronati Singh, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 27-07-2018

1. This application under Section 482 of the Code of

Criminal Procedure has been filed for quashing the order dated

21.02.2015 passed by the learned Sub Divisional Judicial Magistrate,

Saharsa, in Complaint Case No. 1043 of 2008 by which the learned

Magistrate has rejected the application filed under Section 245 Cr.

P.C. by the petitioners.

2. Heard learned counsel for the petitioners, learned

counsel for the State and learned counsel for the complainant.
Patna High Court Cr.M isc. No.14365 of 2015 dt.27-07-2018

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3. Learned counsel for the petitioners has submitted

that petitioners are parents-in-law, brother-in-law and sister-in-law of

the complainant. There is general and omnibus allegation against the

petitioners.

4. The complainant has filed complaint petition

making allegation that she was married with the accused Md. Yusuf

on 15.4.2005 according to Muslim rights and customs. She was

tortured in her sasural for demand of Colour T.V., Refrigerator,

Motorcycle and cash of Rs.50,000/-. She was ousted by the accused

persons from the matrimonial home for non-fulfillment of demand of

dowry.

5. Learned counsel for the petitioners has submitted

that statement of four witnesses have been recorded in the court below

before charge. None of the witnesses have levelled any specific

allegation of overt act against the petitioners. The petitioners have

filed Xerox copy of the statement of all the four witnesses recorded

before charge by filing supplementary affidavit.

6. From perusal of statement of aforesaid four

witnesses recorded before charge it appears that general and omnibus

allegation has been levelled against the petitioners.

7. Therefore, this Court does not find any substantive

materials during investigation against the petitioners for the offence

under Section 498A of the Indian Penal Code.
Patna High Court Cr.M isc. No.14365 of 2015 dt.27-07-2018

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8. It has been held by the Hon’ble Supreme Court in

the case reported in PLJR 2013 (1) SCC Page 10 (Geeta Mehrotra

Vrs. State of U.P.) that proceeding against the in-laws on general and

omnibus allegation has to be quashed as it has become very common

to involve entire family members in a case under Section 498-A of the

Indian Penal Code. Therefore, continuation of criminal proceeding

against these petitioners is mere harassment to them and abuse of

process of law.

9. Therefore, the impugned order dated 21.02.2015

passed by the learned Sub Divisional Judicial Magistrate, Saharsa, in

Complaint Case No. 1043 of 2008 along with the entire criminal

proceeding against the petitioners is hereby quashed.

10. This Criminal Miscellaneous application is

accordingly allowed.

11. This order will however not prejudice in any

manner the case of the husband which is pending in the court below.

The court below will proceed in the case with regard to the husband in

accordance with law.

(Sanjay Priya, J)
S.Ali/-

AFR/NAFR AFR
CAV DATE N.A.
Uploading Date 31/07/2017
Transmission 31/07/2017
Date

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