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Samina Khatoon And Anr vs State Of Bihar And Anr on 24 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25927 of 2015
Arising Out of PS. Case No.-4 Year-2014 Thana- HAYAGHAT District- Darbhanga

1. Samina Khatoon W/O Late Noorum Nabi, Resident of Rahua Rampur, P.S.-

Warisnagar, District-Samastipur, presently at R/O 129 A, R-Extension
Mohan Garden, Uttam Nagar, New Delhi-110059.

2. Nasiruddin, Son of Md. Sattar, Resident of Jitwarpur, P.S. Chauth, District-

Samastipur.

… … Petitioner/s
Versus

1. State Of Bihar

2. Rizwan Khatoon, W/O Md. Iqbal Nasir, D/O Md. Rehmatullah, Resident of
Rasulpur Bhoya, P.S. Hayaghat, District- Darbhanga, presently at Rizwana
Khatoon, W/O Md. Iqbal Nasir, D/O Md. Rehmatullah, R/O N.K. Darranga,
P.O. Darranga Mela, District- Welbani, Assam-781360.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Pankaj Kumar Das, Advocate
For the State : Mr.Rita Verma A.P.P
For Opposite Party No.2 : Mr.Chandra Kav, Advocate

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 24-07-2019

Heard learned counsel for the parties.

2. This application has been preferred, under Section

482 of the Code of Criminal Procedure, for quashing the order of

cognizance dated 02.12.2014, passed by the learned Judicial

Magistrate-1st Class, Darbhanga in connection with Hayaghat

Police Station Case No.04 of 2014.

3. Petitioner No.1, Samina Khatoon is mother-in-law of

the informant and petitioner No.2, Nasiruddin is uncle of the

husband of the informant. They are accused in connection with
Patna High Court CR. MISC. No.25927 of 2015 dt.24-07-2019
2/3

Hayaghat Police Station Case No.04 of 2014, wherein

cognizance has been taken against the petitioners and others for

the offences under Sections 341, Section323, Section498A/Section34 of the Indian

Penal Code and Section 3/Section4 of the Dowry Prohibition Act, vide

impugned order dated 02.12.2014.

4. Submission of learned counsel for the petitioners is

that the allegation against the petitioners is general and omnibus

rather vague one and since the recent past tendency is growing

that whenever matrimonial dispute arises, the family members

are roped in the criminal case. The petitioners are victim of false

implication.

5. According to First Information Report, after

marriage the informant went to Delhi along with her husband

where the husband, mother-in-law i.e. petitioner No.1 and others

started demanding dowry. Petitioner No.2, Nasiruddin and his

wife whenever went to Delhi used to instigate others to demand

dowry. When the demand was not fulfilled, petitioner No.2 and

his wife planned to get the husband married with a girl in their

relation. The aforesaid allegation has been supported by the

parents of the informant and other witnesses before the Police

and after investigation the Police submitted charge sheet.

Patna High Court CR. MISC. No.25927 of 2015 dt.24-07-2019
3/3

6. No doubt in some cases the family members are

unnecessarily roped in a criminal proceeding, especially in a case

of matrimonial dispute. However, when the allegation is specific

against the petitioners, this Court cannot disbelieve the allegation

and the statement of the witnesses at this stage to quash the

criminal proceeding. Hence, the impugned order requires no

interference. Accordingly, this application stands dismissed as

devoid of any merit.

(Birendra Kumar, J)
abhishek/-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 26.07.2019
Transmission Date 26.07.2019

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