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Shyam Nandan Singh vs The State Of Bihar on 19 October, 2023

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 45498 of 2022
Arising Out of PS. Case No.-495 Year-2013 Thana- PATNA COMPLAINT CASE District-
Patna

1. SHYAM NANDAN SINGH SON OF LATE JAGDISH SINGH R/O
VILLAGE- BHARKURIYA KALA, POST OFFICE AND P.S.- SIRPURA,
DISTRICT- ROHTAS

2. URMILA DEVI WIFE OF SHYAM NANDAN SINGH R/O VILLAGE-

BHARKURIYA KALA, POST OFFICE AND P.S.- SIRPURA, DISTRICT-
ROHTAS

… … Petitioner/s
Versus

1. The State of Bihar

2. PRIYANKA KUMARI WIFE OF PINKU KUMAR SINGH @ PINKU
KUMAR, D/O RAJESH SINGH R/O MOHALLA- RAMJICHAK, DIGHA
BASTAGANJ, GANDHI ROAD, P.S.- DANAPUR, DISTRICT- PATNA

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr Ashok Kumar Singh, Advocate
For the S t a t e : Mr Pranav Kumar, APP
For Opposite Party No 2 : NONE

CORAM: HONOURABLE MR JUSTICE SATYAVRAT VERMA

ORAL JUDGMENT

Date : 19-10-2023

It is submitted that petitioner No 1 Shyam Nandan Singh

died during pendency of this quashing application.

2 Accordingly, this quashing application, in so far as

petitioner No 1 Shyam Nandan Singh is concerned, is dismissed.

3 Heard learned counsel for the petitioner and the

learned APP.

Patna High Court CR. MISC. No.45498 of 2022 dt.19-10-2023
2/4

4 This case was taken up on 17.10.2023 when no one

had appeared on behalf of Opposite Party No 2. Thereafter, the

case was again taken up on 18.10.2023 when also none had

appeared on behalf of Opposite Party No 2. Today, when the

matter is taken up, again no one appears on behalf of Opposite

Party No 2. As such, the Court cannot wait endlessly for the

appearance of learned counsel for Opposite Party No 2. Hence,

the Court proceeds to decide the case on its own merit.

5 The learned counsel for the petitioner submits that the

present quashing application has been filed seeking quashing of

the order dated 04.09.2013 passed by the learned SDJM, Danapur

in connection with Complaint Case No 495C of 2013, whereby

cognizance of offence under Sections 498A and 323 of IPC read

with Section 4 of Dowry Prohibition Act, has been taken.

6 Learned counsel for the petitioners next submitted that

petitioner is mother-in-law of Opposite Party No 2 and the

Opposite Party No 2 had instituted the aforesaid complaint case

alleging that she was married with Pinku Kumar Singh @ Pinku

Kumar on 11.03.2012 and at the time of marriage, gift of Rs

2,50,000/- in cash wash given along with clothes, ornaments etc.

It is next alleged that after marriage, the conduct of the accused

persons including the petitioner towards her changed and they
Patna High Court CR. MISC. No.45498 of 2022 dt.19-10-2023
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started pressurizing her to bring Rs 3 lacs for purchasing a Maruti

Car otherwise they will oust her from her matrimonial home and

on expressing her inability, they assaulted her. It is further alleged

that her parents came and pacified the issue but later her husband

again started tormenting her and used to show her inappropriate

films and also assaulted causing injury on her hand for which she

was taken for treatment on intervention of the neighbours,

however, somehow she stayed in her matrimonial home for three

months but still the nature of her husband did not change. It is

next alleged that she went to her parental home where her husband

also came on request of her uncle and brother but there also, the

behaviour of her husband remained the same.

7 It is submitted that from perusal of the allegations, as

alleged in the FIR, it would be manifest that the allegations are

general and omnibus in nature against the petitioner. It is next

submitted that petitioner, being mother-in-law of Opposite Party

No 2, has been falsely implicated only with a view to coerce her

husband into submission so that an amicable settlement is reached

in between Opposite Party No 2 and her husband. It is next

submitted that whenever any dispute arises in between the husband

and the wife, the entire family members are being implicated in a

mechanical manner with general and omnibus allegations.

Patna High Court CR. MISC. No.45498 of 2022 dt.19-10-2023
4/4

Learned counsel next submits that the father-in-law of Opposite

Party No 2 died because of shock which he received after the case

was filed as he was also suffering from ailment. It is next

submitted that petitioner is a widow and there is no specific

allegation against her and thrust of the allegation is against the

husband of Opposite Party No 2, as such, allowing the criminal

case to continue would be an abuse of the process of the Court.

8 Learned APP opposes the quashing application.

9 Considering the submissions, the order dated

04.09.20213 passed by the learned SDJM, Danapur in Complaint

Case No 495C of 2013 whereby cognizance of offence under

Sections 498A and 323 of IPC read with Section 4 of Dowry

Prohibition Act has been taken, is hereby quashed.

10 This application is allowed.

(Satyavrat Verma, J)
M.E.H./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.10.2023
Transmission Date 22.10.2023

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