Patna High Court Cr.Misc. No.19619 of 2014 dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19619 of 2014
Arising Out of PS.Case No. -2630 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE District-
BEGUSARAI

1. Md. Sanowar Son of Md. Sahadat resident of Village Ballia Parwal Tola, P.S-
Ballia, District- Begusarai.

…. …. Petitioner/s
Versus

1. The State of Bihar

2. Laila Khatoon W/o Md. Sanowar Resident of village Ballia Parwal Tola, P.S-
Ballia, District Begusarai at present address D/o Md. Yunus, Resident of Village
Taliya Fatahpur, Ward no. 14, PS- Ballia, District- Begusarai.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh
For the Opposite Party/s : Mr. Akhileshwar Dayal, APP

CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 14-07-2017

The petitioner seeks quashing of order dated 01.10.2013

passed by Sub Divisional Judicial Magistrate, Begusarai in

complaint case No. 2630 C of 2012 whereunder cognizance for the

offence under Section 498A, 379/34 of the I.P.C. and Section 4 of

Dowry Prohibition Act was taken against the petitioner.

2. Heard both sides.

3. The facts in brief is that the O.P. No. 2 filed a complaint

case on the file of C.J.M. alleging inter alia that her husband used to

torture and assault her in connection with demand of one lac Rs. for

purchasing embroidery machine. The demand was not fulfilled and

in consequence of which she was ousted and her husband married
Patna High Court Cr.Misc. No.19619 of 2014 dt.14-07-2017

another lady.

4. The learned counsel for the petitioner submits that the

case has been compromised and the O.P. No. 2 is residing with this

petitioner. The allegation of torture and demand is omnibus and no

offence under the aforesaid sections is made out. The O.P. No. 2 has

sweared an affidavit before notary public to this effect. The copy of

affidavit has been annexure as Annexure-3 of this petition.

5. On going through the impugned order and annexures, I

find that at the time of enquiry, the complainant and her witnesses

have supported the allegation of torture, assault and demand of

dowry. The learned Magistrate finding prima facie case has rightly

taken cognizance against the petitioner.

6. In view of above facts, I do not find any illegality in the

order taking cognizance. This Criminal Miscellaneous Application is

accordingly disposed of with a direction that if, the petitioner takes

plea of compromise with the O.P. No. 2, the same shall be

considered by the court below in accordance with law without being

prejudiced by the order of this Court.

(Sanjay Kumar, J)
ajaypd./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.07.2017
Transmission 17.07.2017
Date