Abhishek Singh And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33019 of 2015 Arising Out of PS. Case No.-763 Year-2010 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.

Abhishek Singh Son of Triguna Nand Singh resident of village Akilpur, P.O. Sonepur, P.s Sonepur, Chapra, District Saran. 2.

Poonam Singh wife of Shashi Singh Resident of village Gorigama, P.O and P.s Minapur, District Vaishali.

3.

Shashi Kumar Singh@Shashi Singh Resident of village Gorigama, P.O and P.s Minapur, District Vaishali.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Rina Singh wife of Rakesh kumar Singh resident of Village Shambhupur , Koari, P.s Sarai,District Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Rajiv Prashant, Advocate For the Opposite Parties :

Mr. T.P.Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The present application has been filed for quashing of the order dated 27.07.2010 passed by learned S.D.J.M, Vaishali at Hajipur in Complaint Case No. 763C of 2010 against the petitioners for the offences under Sections 498A, 323, 406 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioners submits that petitioners are the brothers-in-law and married sister-in-law of

Patna High Court CR. MISC. No.33019 of 2015(2) dt.20-02-2023 2/2 the complainant and the same and similar allegations have been leveled against them in the writ petition.

He further submits that brother-in-law and sister-inlaw of the complainant, namely, Nilkanth Singh @ Laddu Singh@ Nilkhant Kumar Singh son of Late Narendra Narain Singh and Supriya Singh had challenged their prosecution in Criminal Misc. Case No. 33820 of 2015 vide order dated 18.04.2018, the same was allowed. Accordingly, Complaint Case No. 763C of 2010, so far as it pertains to the present application, is also quashed.

Considering the aforesaid facts and also considering the reasons assigned in the order dated 18.04.2018 passed in Complaint Case No. 763C of 2010 is also allowed. Accordingly, the Complaint Case No. 763C of 2010 registered against the petitioners is hereby quashed.

(Sandeep Kumar, J) Harsh/ U