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Nilkanth Singh @ Laddu Singh @ … vs State Of Bihar & Anr on 18 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33820 of 2015
Arising Out of PS. Case No.-763 Year-2010 Thana- VAISALI COMPLAINT CASE District-
Vaishali

1. Nilkanth Singh @ Laddu Singh @ Nilkanth Kumar Singh son of
Late Narendra Narain Singh

2. Supriya Singh wife of Nilkanth Singh Both 1 and 2 are resident
of Village- Nakash, P.S.- Sonepur, District- Chapra

… … Petitioner/s
Versus

1. The State of Bihar

2. Rina Singh wife of Rakesh Kumar Singh, resident of Village- Shambhupur
Koari, P.S.- Sarai, District- Vaishali.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Rajiv Prashant, Advocate
For the Opposite Party/s : Mr. T.P.Mandal(App)

CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 18-04-2018

Seeking quashing of the order dated 27.7.2010 passed in

criminal complaint bearing Complaint Case No.763(C) of 2010

passed by the learned S.D.J.M., Hazipur at Vaishali taking

cognizance against the appellant under Sections 498A, 323, 406 of

I.P.C. and Section 4 of the Dowry Prohibition Act, this application

has been filed for quashing of the proceedings.

Respondent No.2 the complainant is the wife of

Rakesh Kumar Singh and has filed the complaint petition in

question against her husband Rakesh Kumar Singh, his father

Shashi Singh and his mother Poonam Singh and has also
Patna High Court Cr.Misc. No.33820 of 2015 dt.18-04-2018
2/3

implicated the present applicant as accused No.5 and 6. The

present applicants Nilkanth Singh @ Laddu Singh @ Nilkanth

Kumar Singh and Supriya Singh are the brother-in-law and sister-

in-law of the complainant respectively and they are staying

separately from the family.

On a perusal of the complaint available from page 9

of the record, it is seen that in para 1 of the complaint general

allegations, omnibus in nature, have been made to say that at the

time of marriage all the accused persons demanded dowry, but

due to intervention of the people present there, the matter was

resolved and the marriage was solemnized. Thereafter from para

2 onwards, general allegations of demand of dowry are made

against the husband, mother-in-law and father-in-law for demand

of car and dowry. However, with respect to the present

applicants, no specific allegations are made. Even it is not

mentioned in the application as to when they came to the house

of the husband of the respondent No.2, stayed with them and how

and in what manner they committed the offence in question. It is

a case where the entire family has been roped in by making

general and omnibus allegation. Specific allegations are made

only against the husband, father-in-law and mother-in-law who

were staying with the complainant. So far as the present
Patna High Court Cr.Misc. No.33820 of 2015 dt.18-04-2018
3/3

applicants are concerned, they are not staying with the

complainant. They are staying separately and only general and

omnibus allegations are levelled against them.

Keeping in view the law laid down in the case of Gian

Singh vs. State of Punjab, (2012) 10 SCC 303, Taramani Prakash

v. State of Madhya Pradesh, (2015) 11 SCC 260, Amit Kapoor v.

Ramesh Chander, (2012) 9 SCC 460 and Kans Raj vs. State of

Punjab, (2000) 5 SCC 207, this application is allowed. The

complaint, so far as it pertains to the present applicants, is

quashed. The complaint may proceed against the husband, mother-

in-law and father-in-law in accordance with law.

(Rajendra Menon, CJ)

K.C.Jha/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.04.2018
Transmission Date

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