IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70155 of 2018
Arising Out of PS. Case No.-499 Year-2017 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
1. Shurendra Trivedi, son of Late Ram Prakash Trivedi.
2. Pramila Kumari, wife of Shurendra Trivedi. Both Resident of Village-
Rampur Dayal Bhagwanpur Tola, P.S. Piar, District- Muzaffarpur.
… … Petitioner/s
Versus
1. State of Bihar.
2. Sweta Kumari, wife of Shiwam Kumar, Daughter of Ram Pravesh Singh,
Resident of Village- Rahatpur, P.S.- Baliya, District- Begusarai.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate.
For the State : Mr. Shyam Kumar Singh, A.P.P.
For the Informant : Mrs. Soni Shrivastava, Advocate.
Mrs. Madhuri Kumari, Advocate.
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 29-01-2020
Heard the parties.
This application under Section 482 Cr.P.C. is for
quashing of the order dated 20.01.2018 whereby the learned
Sub-Divisional Judicial Magistrate, Begusarai has taken
cognizance against the petitioners and one more co-accused for
the offences under Section 498A of the Indian Penal Code and
Section 4 of the Dowry Prohibition Act in connection with
Complaint Case No. 499 of 2017.
Petitioners are parents of Shivam Kumar, the
husband of the complainant. By the same order, the court below
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did not take cognizance against other family members on
identical material disclosed in the complaint petition and
statement on oath of the complainant as well as in the evidence
of enquiry witnesses.
Learned counsel for the petitioners submits that the
petitioners have no concern with the dispute between two
spouse and for that reason false case of demand of dowry and
torture has been lodged after a year of the marriage.
Learned counsel for the complainant (opposite
party no.2) submits that specific allegation is there against the
petitioners in Para-11 and 16 of the complaint petition and in
Para-5 of the statement on oath of the complainant. In the
aforesaid paragraph, complainant has stated that on one
occasion, the petitioners had also asked her to call her father on
telephone to fulfill the demand and on another occasion
kerosene oil was poured on her body to burn her, however no
one succeeded on alarm of the complainant.
In the case of Shiv Jee Rai vs. The State of Bihar
Anr. Reported in 2013 (3) PLJR 139, a Bench of this Court
was confronted with similar factual position and the Bench
considered the judgment of the Hon’ble Supreme Court in the
case of Preeti Gupta and Another vs. State of Jharkhand and
Patna High Court CR. MISC. No.70155 of 2018 dt.29-01-2020
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Another reported in A.I.R. 2010 SC 3363 and in the case of
Geeta Mehrotra and Another vs. State of U.P. and Another
passed in Criminal Appeal No. 1674 of 2012 and observed that
it is a matter of common knowledge that exaggerated versions
of the incident are reflected in a large number of complaints
arisen out of matrimonial dispute. The tendency of over
implication has become affair of the day and unfortunately at
the time of filing of the complaint the implications and
consequences are not properly visualised by the complainant
that such complaint can lead to insurmountable harassment,
agony and pain to the complainant, accused and his close
relations.
No doubt the complainant has made averment in
the complaint petition against the petitioners also who are old
parents of the husband. Prosecution of the petitioners would not
serve any purpose rather would come in the way of restitution of
conjugal life, if any such chance arises in future. The main
dispute is between the husband and the wife.
Considering the entire facts as well as the ratio
decided in the above noted cases, in my view, the criminal
prosecution of the petitioners would amount to abuse of the
process of the Court.
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Hence, impugned order is hereby quashed against
the petitioners only and this application stands allowed.
(Birendra Kumar, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 01.02.2020
Transmission Date 01.02.2020