IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41014 of 2014
Arising Out of PS.Case No. -229 Year- 2008 Thana -PATLIPUTRA District- PATNA
1. Shiv Kumar Thakur @ Hanuman Thakur, son of Late Sakaldeep Narayan Thakur
2. Asha Devi, W/o Shiv Kumar Thakur @ Hanuman Thakur
Both resident of Mohalla New Area Jakkanpur near Laxmi Market, Police Station
Jakkanpur, District- Patna
…. …. Petitioner/s
Versus
1. The State of Bihar
2. Manka Kumari d/o Raj Kumar Thakur, resident of Mohalla Manpura Thakur
Gali, P.S.- Patliputra, District- Patna
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Dr.Manoj Kumar, Adv..
For the Opposite Party no.1 : Mr. Arun Kumar, Adv.
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date: 09-10-2017
Heard learned counsel for the petitioners and learned
APP for the State.
The petitioners are seeking quashing of the order
dated 24.05.2010 passed by the learned Sub-Divisional Judicial
Magistrate, Patna by which cognizance of the offences under Section
498A read with Sections 3/4 of the Dowry Prohibition Act has been
taken in connection with Patliputra P.S. Case No.229 of 2008 and
summons have been issued against the petitioners.
At the outset, learned counsel for the petitioners
would submit that the petitioners are father-in-law and mother-in-law
Patna High Court Cr.Misc. No.41014 of 2014 dt.09-10-2017 2
respectively. They have moved this Court for quashing of the order
taking cognizance mainly on the ground that after lodging of the
present case in the year 2010 when the opposite party no.2 lodged
another case being Domestic Violence Case No.7 of 2013, there was a
settlement/compromise between the opposite party no.2 and her
husband and by virtue of that compromise both of them are living
together peacefully. It is thus submission of the learned counsel for
the petitioners that continuation of the present case is not in the
interest of justice because after all it arises out of a matrimonial
discord and now that the parties have settled down their dispute the
whole family members particularly the parents of the husband should
also be allowed to live peacefully without facing prosecution. Even
otherwise, his submission is that the allegations against these
petitioners are vague and general in nature which were made not
because of any overt act or omission committed by them, but only
because they happen to be the parents of the husband.
Although the opposite party no.2 has appeared
through her advocate in this Court, but even on the last date when the
matter was called out no one appeared on behalf of the opposite party
no.2. Today also, there is no representation on her behalf, therefore
this Court is unable to verify the facts submitted on behalf of the
petitioners for quashing of the order taking cognizance in the interest
Patna High Court Cr.Misc. No.41014 of 2014 dt.09-10-2017 3
of justice.
This being the position, this Court, instead of
interfering with the order taking cognizance, directs the learned court
below to proceed with the matter and if an application for discharge is
filed on behalf of the petitioners, the same may be considered after
giving an opportunity to the informant and a decision on the said
discharge petition be taken at the earliest preferably within a period of
three months from the date of receipt of this Court in the interest of
justice.
The application stands disposed off with the
observations and directions made above.
(Rajeev Ranjan Prasad, J)
Arvind/-
AFR/NAFR
CAV DATE
Uploading Date 10.10.2017
Transmission 10.10.2017
Date