← Library
Patna High CourtCR. MISC./21498/2015dismissed

Ashok Kumar And ANR. v. State Of Bihar And ANR

2019-11-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21498 of 2015 Arising Out of PS. Case No.-1256 Year-2012 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Ashok Kumar and Anr. Son of Late Suresh Prasad 2.

Shanti Devi Wife of Late Suresh Prasad Both residents of village / Mohalla - Maranpur, Naili Road, Near Brahmsthan, P.S. Civil Line, District - Gaya ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Anita Ranjan W/o Ashok Kumar D/o Sarju Ravidas R/o Mohalla - Holding No. 73/2 Telco Colony P.O. and P.S. Jamshedpur Distt. - East Singhbhu At Present L 4 - 8 Cross Road 10 A Telco Colony P.S. and P.O. Telco Jamshedpur 4 Jharkhand ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghwanand, Advocate For the Opposite Party/s :

Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-11-2019 The petitioners, who are husband and motherin-law of opposite party no. 2, seek quashing of the order dated 23.04.2013 passed by the learned SubDivisional Judicial Magistrate, Gaya in connection with Complaint Case No. 1256 of 2012, whereby cognizance has been taken under Sections 379, 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioners does not have any idea about the stage of the case before the court below. However, it appears from the records that an effort was made for reconciliation between the

Patna High Court CR. MISC. No.21498 of 2015(5) dt.22-11-2019 2/2 spouses but there was complete non-cooperation from the parties.

Considering this aspect of the matter, I am not inclined to entertain the present petition at this stage. Should the petitioners be so advised and if they so desire, they can approach the court below for discharge, if such a petition has not already been filed and disposed of. In the event of such a application being filed by the petitioners, it shall be considered on its own merits, without being prejudiced by the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) krishna/- U T