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Patna High CourtCR. MISC./12974/2012allowed

Balmiki Prasad Keshari And ANR. v. The State Of Bihar

2015-02-09Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12974 of 2012 Arising Out of Complaint Case No. 4222 of 2010 Thana -null District- PURNIA ===========================================================

1. Balmiki Prasad Keshari S/O Late Chandra Prasad Keshari R/O Village - Bela Simari, P.S. Khagaria, District - Khagaria

2. Sanjeev Keshari @ Sanjeev Kumar S/O Balmiki Prasad Keshari R/O Village - Bela Simari, P.S. Khagaria, District - Khagaria .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-02-2015 The petitioners seek quashing of the order of cognizance dated 15.03.2011 passed by the Sub-Divisional Judicial Magistrate, Purnea in Complaint Case No. 4222 of 2010.

The case of the complainant is that he had fixed his daughter's marriage with petitioner no. 2 and cheka ceremony as well as ring ceremony was solemnized on 26.10.2010. There was certain demands from the in-laws side at which the complainant had paid sum of Rs. 3,00000/- in cash to the petitioner no. 1. However, later on marriage ceremony did not take place due to additional demand of dowry.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.12974 of 2012 dt.09-02-2015 2/2 fact is that marriage was fixed at which certain articles were exchanged. But after cancellation of the marriage, by a Panchnama prepared in front of responsible authorities which was duly signed by the parties the same was returned by the respective parties to each other. Today the counsel for the complainant submits that he was forced to make the signature in the Panchnama . Having gone through the dispute and the document which exhibits that articles were returned, the application is allowed. The order of cognizance dated 15.03.2011 passed by the Sub-Divisional Judicial Magistrate, Purnea in Complaint Case No. 4222 of 2010 is hereby set aside.

(Anjana Prakash, J) Prakash/- U T