Shima Sharan And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45472 of 2015 Arising Out of PS. Case No.-24 Year-2015 Thana- Mahila District- Motihari ======================================================

1. Shima Sharan, wife of Murari Sharan

2. Aarti Sinha wife of Amitabh Priyadarshi

3. Alok Priyadarshi son of Murari Sharan

4. Amitabh Priyadarshi son of Murari Sharan

5. Murari Sharan son of Late Kishore Prasad All are resident of Raniganj, P.S. - Chakiya, District - East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Neha Kumari, wife of Alok Priyadarshi, Daughter of Surendra Prasad, resident of Mathia Zirat, P. S. - Chhatauni, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tondon, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02.

28.08.2020 This is an application seeking quashing of the F.I.R. bearing Mahila P. S. Case No. 24 of 2015 (Motihari) dated 11.04.2015 instituted for the offences under Sections 341, 323, 504, 406, 506, 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of the

Dowry Prohibition Act, 1961.

It has been argued by the learned counsel for the petitioners that the case is absolutely false. Earlier a complaint case was lodged against the petitioners and others and during the pendency of that case, the subject F.I.R. has been lodged.

It has also been argued by the learned counsel for the petitioners that a divorce petition has been filed by the Opposite Party No. 2 herself. This reflects that she is not desirous of continuing with the matrimonial obligations.

In any view of the matter, since the F.I.R. has been investigated and charge-sheet has now been submitted, I am not inclined to accede to the prayer made on behalf of the petitioners for quashing of the F.I.R.

The prayer is rejected.

However, the petitioners would have the liberty to approach the court below and apart from addressing

the Court on merits, the petitioner would also be entitled to ask for a mediation between the parties.

With the aforesaid direction / observation, this petition stands disposed off.

(Ashutosh Kumar, J) skm U T