IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 38572 of 2013
Arising out of P.S. Case No. – 190 Year – 2012 Thana – PHULWARI District – PATNA
1. Sudhir Kumar Srivastava @ Sudhir Kumar, Son of Late Mahanand Prasad
2. Smit. Pramila Devi @ Pramila Srivastava, Wife of Sudhir Kumar Srivastava @
Sudhir Kumar
3. Abhishek Kumar @ Sonu @ Abhishek, Son of Suhir Kumar Srivastava @
Sudhir Kumar
All are residents of Mitra Mandal Colony, Saket Bihar, Police Station –
Phulwari Sharif, District – Patna
…. …. Petitioner
Versus
1. The State of Bihar
2. Poonam Sinha, wife of Randhir Kumar Srivastava, Daughter of Late Sitaram
Lal, resident of Mohalla – Kanakpur, near Jain College Eastern Gate, Ara,
Police Station Nawada, District Bhojpur
…. …. Opposite Parties
Appearance :
For the Petitioners : Mr. Ashok Kumar, Advocate
For the O.P. No. 2 : Mr. Arvind Kumar, Advocate
For the State : Mr. Shyam Kumar Singh, A.P.P.
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 14-09-2017
Heard learned counsels for the parties.
2. The petitioners has challenged in this application, under
Section 482 Cr.P.C, the order dated 21.02.2013 passed by the learned
Chief Judicial Magistrate, Patna in Phulwari Sharif P.S. Case No. 190
of 2012 whereby cognizance has been taken against the petitioners
under Sections 498A, 506/34 of the Indian Penal Code as well as
Section 3/4 of the Dowry Prohibition Act. The petitioners are relations
of the husband.
3. Submission of the learned counsel for the petitioners is
that the husband of the informant was also an accused in this case and
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during the pendency of the case, the husband and wife settled their
dispute and they finally decided to part away from each other on
payment of permanent alimony of Rs.8,00,000/- (rupees eight lakhs)
by the husband. The husband has already paid the aforesaid eight
lakhs in four installments. Fully detailed in the supplementary
affidavit filed by the petitioners. Further submission of the learned
counsel is that in view of the settlement of dispute between the
spouse, the continuance of criminal prosecution against the petitioners
would amount to unnecessary harassment as there is tendency
growing in the society to robe the family members also in criminal
litigation whenever there is dispute between the husband and wife as
observed by the Hon’ble Apex Court in Geeta Mahrotra Anr. vs.
State of U.P. Anr. reported in 2013(1) PLJR 10 (SC).
4. Learned counsel for the opposite party no. 2 submits that
the petitioners are still in possession of the Stridhana of the
complainant which they should be directed to handover first before
quashing the criminal prosecution.
5. Considering the fact that no objection was raised before
the competent authority regarding Stridhana of opposite party no. 2 at
the time to settlement of dispute with the husband as well as
considering the fact that the real dispute has been reconciled between
the husband and the wife, hence, criminal prosecution of the
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petitioners would amount to an abuse of the process of the Court.
6. Accordingly, the impugned order as well as the entire
criminal prosecution stands quashed and this application is allowed.
(Birendra Kumar, J)
Kundan/-
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 20.09.2017
Transmission 20.09.2017
Date