Shrikanti Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41954 of 2015 Arising Out of PS.Case No. -2266 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shrikanti Devi, Wife of Late Harendra Chodhary, Resident of village - Buxa, Police Station - Sugauli, District - East Champaran at Motihari .... Petitioner
Versus
1. The State of Bihar
2. Rista Kumari @ Arati Devi, Wife of Deepak Chaudhary
3. Birendra Choudhary, Son of Paras Choudhary
4. Ranjan Choudhary, Son of Mot Choudhary
5. Sanjay Chudhary, Son of Surendra Choudhary, 2 to 5 are resident of village - Buxa, Police Station - Sugauli, District - East Champaran at Motihari
6. Shambhu Dubey, Son of Lakshan Dubey, Resident of Village - Fulwar, Police Station - Banjariya, District - East Champaran .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Binay Kumar, Adv. For the Opposite Parties : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12-05-2016 Heard the learned counsel for the petitioner and the State.
This is a petition for quashing the order, dated 08.09.2014, passed by the Additional Sessions Judge, IV, East Champaran at Motihari, in Criminal Revision No. 133 of 2013/16 of 2014, by which he has dismissed the complaint under Section 203 of the Criminal Procedure Code.
The complainant is the mother-in-law and the accused is daughter-in-law and her naiher people and it is alleged that the daughter-in-law, the wife of the son of the complainant, use to demand money from her husband and even pressurized and threaten him with dire consequence, if the money is not given to her father, and, further, she used to subject him to cruelty and accused 2, 3, 4 and 5 used to abet the wife of the deceased husband. The case has been lodged under Section 306 of the Penal Code.
The learned Magistrate on taking into consideration the complaint as well as the statement of the complainant, on oath, and other witnesses found the present case false by the
Patna High Court Cr.Misc. No.41954 of 2015 (2) dt.12-05-2016 investigating officer and it also transpires that the daughter-in-law had lodged a case against the complainant for which charge has been submitted and held that mere demand of money for father is not sufficient reason to commit suicide for abetment for offence under Section 306 of the Penal Code and, further, the allegation, made, appears to be highly improbable and dismissed the complaint.
The order was challenged before the revisional Court. The revisional Court also taken into consideration and the Court found that it is not required interference in the impugned order and dismissed the revision petition. Now the challenge has been made under Section 482 of the Criminal Procedure Code before this Court.
However, taking into consideration of the fact, it appears that mother-in-law and daughter-in-law, after the death of the husband, made allegation on each other which is quite vague. The husband committed suicide as the wife was pressurizing him for the demand. However, it is normal feature that wife demands money from her husband, hence, it is highly improbable that the husband will commit suicide for the reason that the wife demands money. However, there is no specific mention of the act and subjecting cruelty mentioned either in the complaint or in the statement of the complainant, on oath, and other witnesses. Hence, I do not find any merit to interfere with the order.
This petition is dismissed.
(Gopal Prasad, J) SA/- U √ T √