Binod Sharma And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31625 of 2013 Arising Out of PS.Case No. -619 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ===========================================================
1. Binod Sharma Son Of Late Jagdish Sharma
2. Munni Devi Wife Of Binod Sharma
3. Pramod Kumar Sharma Son Of Binod Sharma
4. Kishore Kumar Sharma Son Of Binod Sharma, all Resident Of Village - Pipratoli, P.S. - Khunti, Dist. Khunti (Jharkhand)
5. Khushbu Sharma D/O - Ashok Sharma Resident Of Triveni Nagar, P.S. - Daliganj, District - Lucknow .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Abhya Shree w/o Rajiv Kumar Sharma, D/o Shri Jai Prakash Sharma, at present address at Mirchaibari, P.S. and Dist. Katihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Sharma, Advocate For the Opposite Party/s : Mr. S. Eheteshamuddin, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-09-2015 The Petitioners, who are the in-laws of the Opposite Party No.2, seek quashing of the order of cognizance dated 11.6.2013 passed by the S.D.J.M., Katihar in Complaint case No.619 of 2013. The case of the Complainant is that she was married to Rajeev Kumar Sharma on 25.4.2012, whereafter she came to her matrimonial home. However she was tortured for ends of dowry and compelled to leave her matrimonial home on 9.4.2007 and hence the present Complaint.
It has been submitted on behalf of the Petitioners that
Patna High Court Cr.Misc. No.31625 of 2013 dt.03-09-2015 2/2 fact of the matter is that the Complainant hardly stayed for a few days in her matrimonial home in which period her behaviour was very undesirable and she left the house. The husband then filed Matrimonial Suit for restitution of conjugal rights which indicates that the problem lay elsewhere.
Notices had been issued to the Opposite Party No.2 but none appears on her behalf.
Having accepted the documentary evidence and vague nature of allegations, the application is allowed and the proceeding including the order of cognizance dated 11.6.2013 passed by the S.D.J.M., Katihar in Complaint case No.619 of 2013 is hereby set aside so far as the Petitioners are concerned. (Anjana Prakash, J) Narendra/- U T