Kunti Kunwar And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8606 of 2014 Arising Out of Complaint Case No. -2177C Year- 2011 District- BHOJPUR ===========================================================
1. Kunti Kunwar, w/o late Jagdish Prasad,
2. Rajeshwar Prasad Singh,
3. Arvind @ Bipul Both sons of late Jagdish Prasad,
4. Khushboo Devi, wife of Arvind Bipul All resident of Chandpur Bela, Near Pani Tanki, Anil Bhawan, P.S.- Jakkanpur, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Amla Devi, daughter of Krishna Kumar Verma, wife of Awadhesh Prasad @ Nageshwar Prasad Singh, resident of Chandpur Bela, near Pani Tanki, Anil Bhawan, P.S. Jakkanpur, Distt. Patna, at present Karmantola Ara, P.S. Ara Nawada, Distt. Bhojpur.
.... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Pranaya Shanker Sinha, Adv. For the State : Mr. Parmanand Kumar, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-05-2016 Heard learned counsel for the Petitioners and the State. The Petitioners who are the in-laws seek quashing of the order of cognizance dated 14.8.2012 passed by the Sub Divisional Judicial Magistrate, Ara, Bhojpur, in Complaint Case No. 2177(C) of 2011.
In the nature of dispute between the Parties, the Opposite Party No. 2 was noticed but she has not appeared. The case of the Complainant is that she was married to
Patna High Court Cr.Misc. No.8606 of 2014 dt.12-05-2016 2/2 Awadhesh Prasad @ Nageshwar Prasad Singh on 25.4.2008 whereafter she went to Matrimonial home but she was tortured for ends of dowry and ousted from the matrimonial home. It has been submitted that the Petitioners were separate in mess and have no concern with the affairs of husband and wife. It appears that there was some issue between husband and wife which has led to souring of the relationship.
Having considered the vague nature of allegation, the application is allowed and the Proceeding including the order of cognizance dated 14.8.2012 passed by the Sub Divisional Judicial Magistrate, Ara, Bhojpur, in Complaint Case No. 2177(C) of 2011, is hereby set aside.
(Anjana Prakash, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19/05/2016 Transmission Date 19 /05/2016