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Patna High CourtCR. MISC./44779/2014allowed

Dr. Satya Narayan Lal Das And ANR v. State Of Bihar And ANR

2015-08-20Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44779 of 2014 Arising Out of PS.Case No. -4540 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ===========================================================

1. Dr. Satya Narayan Lal Das S/o Late Surya Narayal Lal Das

2. Smt. Neelam Bharti Wife of Dr. Satya Narayan Lal Both resident of 2151/G3, Ward No.-4, Near Deendayal College, P.O. + P.S.- Bariatu, District- Ranchi .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shweta Deepti W/o Rohit Raj, D/o Chandrashekhar Lall Resident of 203, Raj Krishna Apartment, P.O. and P.S.- Buddha Colony, East Boring Canal Road, Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-08-2015 The Petitioners who are the parents-in-law seek quashing of the order of cognizance dated 01.09.2014 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No. 4540C of 2013. The case of the complainant is that she was married to the son of the petitioner on 20.06.2010 according to Hindu Rites and Customs on which occasion large number of gifts were given to the in-laws but they were not satisfied and started torturing her and finally threw her out from the matrimonial home. It has been submitted on behalf of the petitioners that that present complaint has been filed only because the husband took strong steps for divorce on the ground of desertion and cruelty. It is

Patna High Court Cr.Misc. No.44779 of 2014 dt.20-08-2015 2/2 then the present complaint was filed.

On the other hand, counsel for the complainant submits that since the petitioners are in-laws and they had participated in torturing her and had taken huge dowry, they should be put on trial. Having considered the nature of allegations against the petitioners as also the background facts of the case that the husband filed matrimonial suit for divorce, the present application is allowed and the order of cognizance dated 01.09.2014 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No. 4540C of 2013 is hereby set aside so far as petitioners are concerned. (Anjana Prakash, J) Prakash/- U T