IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44438 of 2015
Arising Out of PS. Case No.-44 Year-2015 Thana- BISHWAMBHARPUR District-
Sachin Chauhan Son of Jyoti Chauhan resident of Village- Bajar
Matihaniya ,P.s Bishambharpur ,District Gopalganj, At present 1876 Rajgarh
Extension Gali No. 11, P.s Gandhinagar In Front of Bal Bharti School , Delhi-
… … Petitioner/s
1. The State of Bihar
2. Ekta Chauhan W/o Sachin Chauhan ,D/o Jitendra Chauhan resident of
Village- Tariya, Harkosh, p.s Tariya Sujan, District Kushinagar(U.P) At
present E 16/41 Block -E Pocket 16 Sector 8 Rohini P.s Rohini Delhi 110085
… … Opposite Party/s
For the Petitioner/s :
For the Opposite Party/s :
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
Date : 28-11-2018
Nobody appears on behalf of the petitioner.
2. The matter has been placed before the Bench in terms
of the office note dated 07.05.2018 indicating that notice was
issued to opposite party no. 2 by order dated 28.03.2018 directing
requisites etc. to be filed within two weeks, failing which the
application, against the concerned opposite party would stand
dismissed without further reference to the Bench.
3. As per the office report, the same has not been
complied with and, thus, the application against the opposite party
no. 2 stood dismissed.
Patna High Court Cr.Misc. No.44438 of 2015 dt.28-11-2018
4. The petitioner has moved the Court for quashing of
the F.I.R. of Bishambharpur P.S. Case No. 44 of 2015 instituted
under Sections 341/323/420/406/498A/120B/386 of the Indian
Penal Code and 3/4 of the Dowry Prohibition Act and the opposite
party no. 2 was the informant, being the wife.
5. In view of the application having been dismissed
against the opposite party no. 2, the Court finds that the
application, in her absence, is incompetent to proceed.
6. In view thereof, the application stands dismissed.
(Ahsanuddin Amanullah, J)