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Ram Narayan Pandey & Ors vs State Of Bihar & Anr on 28 February, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14331 of 2014
Arising Out of PS. Case No.-310 Year-2009 Thana- BUXAR COMPLAINT CASE District-
Buxar

1. Ram Narayan Pandey, S/O late Bir Pandey @ Balbir Pandey,

2. Sanjeet Kumar Pandey @ Sanjeet Pandey, S/O Ram Narayan
Pandey,

3. Jag Narayan Pandey, S/o late Parma Pandey,

4. Meera Devi, wife of Harendra Pandey, All residents of village-

Simri, Chotka Khaira Patti, P.S.- Simri, District- Buxar.

… … Petitioner/s
Versus

1. The State Of Bihar

2. Mahendra Pandey, S/O Late Mukhram Pandey, Resident Of Village-
Pokhraha, P.S.- Bagain Gola, District- Buxar

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh
For the Opposite Party/s : Mr. MANOJ KUMAR (APP)

CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
C.A.V. JUDGMENT
Date : 28-02-2018

Heard learned counsels for the parties. Petitioners,

by means of this application under section 482 of the Code of

Criminal Procedure, have invoked the inherent jurisdiction of

this Court with prayer to quash the order dated 23.01.2014

passed by the Sub Divisional Judicial Magistrate, Buxar in C

Trial No. 952 of 2013 arising out of Complaint Case No. 310 C

of 2009, whereby and whereunder petition dated 03.09.2013 for

discharge filed under section 245 Cr.P.C. on behalf of the

petitioners has been rejected in which charge is going to be

framed against the petitioners under sections 323 and 498A of
Patna High Court Cr.Misc. No.14331 of 2014 dt.28-02-2018
2/3

the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

Learned counsel appearing for the petitioners

submits that no offence against these petitioners is disclosed and

the present prosecution has been initiated with mala fide

intention for the purposes of harassment. Learned counsel

further submits that the marriage in question was solemnized on

19.04.2000 and on that very day demand of dowry was made.

Now in the year 2009, the present complaint has been filed

alleging demand of dowry from the date of marriage. Learned

counsel submits that it is quite surprising that after nine years of

marriage, it is being alleged that dowry is being demanded from

the date of marriage. If there was demand of dowry from the

date of marriage, the victim or the complainant should have

raised such issue earlier. As a matter of fact, no such demand

was ever made and the present complaint has been filed only to

pressurize these petitioners to fulfill the illegal demands of the

victim.

Besides the above, learned counsel submits that

there is no explanation of unreasonable delay of about 9 years in

making the complaint of such nature. In this regard, learned

counsel referred to Sections 468 and 469 of the Code of

Criminal Procedure which are on the point of limitation.

Patna High Court Cr.Misc. No.14331 of 2014 dt.28-02-2018
3/3

In the background of the aforesaid submissions,

learned counsel submits that the order by which discharge

petition, filed by the petitioners, has been rejected, is fit to be

quashed.

Having considered the materials available on

record, the submissions advanced on behalf of the parties and

the facts and circumstances of the case, this Court finds that the

submissions of the learned counsel for the petitioner has

substance. There is apparent delay in filing the complaint

without there being any explanation.

In view of the above discussions, this Court is of

the opinion that continuance of the present prosecution will

amount to abuse of the process of the Court. Accordingly, the

order dated 23.01.2014 passed by the Sub Divisional Judicial

Magistrate, Buxar in C Trial No. 952 of 2013 arising out of

Complaint Case No. 310 C of 2009 is, hereby quashed.

The application, thus, stands allowed.

(Arvind Srivastava, J)
mcv/-

AFR/NAFR NAFR
CAV DATE 09-10-2017
Uploading Date 28.02.2018
Transmission Date 28.02.2018

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