Neeru Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27605 of 2012 Arising out of P.S. Case No. -2021 Year- 2010 Thana -null District- PATNA ======================================================== Neeru Devi W/o Late Om Prakash Singh Resident of Road No. 10b, Mohalla- Rajendra Nagar, Police Station- Kadamkuan, in the Town and District of Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dr. Rabindra Nath Sinha, Son of Late Brij Nandan Singh, Resident of 2M-17, Near T.V. Tower, Mahatama Gandhi Nagar, Police Station-Agamkuan in the town and district of Patna. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Dr. Meeta Mohini, Adv.

For the Opposite Party/s : Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-08-2015 The Petitioner seeks quashing of the order of cognizance dated 27.12.2010 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2021(C) of 2010.

The case of the Complainant is that he was an eminent Doctor in Patna whereas the Accused No. 4 is the son of the Complainant and Accused No. 3 is the daughter-in-law and the Petitioner was his "Samadhin". The marriage had been performed on 17.04.2006 on which occasion large number of gifts were given to his daughter-in-law. However, the Petitioner and other family members misappropriated the jewellery. His daughter-in-

Patna High Court Cr.Misc. No.27605 of 2012 dt.17-08-2015 law and her parents as also the brother used to keep demanding money from him for holding birth-day parties and other festivities. Having been fed up he filed the present Complaint against his own daughter-in-law. It has been submitted on behalf of the Petitioner that fact of the matter is that her daughter was tortured by her in-laws on account of which she had filed a Complaint and then aforesaid Complaint was filed. It seems highly unbelievable that the Petitioner in the relation-ship would be demanding any money from the Complainant.

Having considered the aforesaid, the entire proceeding as against all the accused persons including the order of cognizance dated 27.12.2010 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2021(C) of 2010 is, hereby, set aside.

The application stands allowed.

Vikash/- (Anjana Prakash, J.) U T