Patna High CourtCR. MISC./2296/2016dismissed

Rajesh Kumar @ Rajesh Chaudhary v. State Of Bihar And ANR

2016-08-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2296 of 2016 Arising Out of PS.Case No. -53 Year- 2008 Thana -PAWNA District- BHOJPUR ======================================================

1. Rajesh Kumar @ Rajesh Chaudhary Son of Jai Kishun Ram Resident of Village- Sukahara Dehri, P.S.- Karakat (Gorari), District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Usha Devi, Daughter of Ramjee Chaudhari residence of Village- Pawna, P.S.- Pawna, District- Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Bihari Tiwary, Adv. For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2016 Heard both sides.

The petitioner has filed this quashing petition under Section 482 of Cr.P.C. for quashing the order dated 03.09.2014 passed by S.D.J.M., Ara in Pawana P.S. Case No. 53/2008 by which learned S.D.J.M., Ara found sufficient material to frame charge under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner and the opposite party no. 2 are the school teachers. The petitioner wants to compromise the case.

It appears from the order of learned S.D.J.M. that informant and other witnesses have very categorically stated that

Patna High Court Cr.Misc. No.2296 of 2016 (2) dt.05-08-2016 2/2 the petitioner subjected his wife to physical and mental torture due to non-fulfillment of demand of dowry and there are sufficient material to frame charge under Section 498A and Section 3/4 Dowry Prohibition Act. Therefore, I do not find any merit in this quashing petition; accordingly this quashing petition is dismissed. If the petitioner wants to compromise the case, the petitioner may file a petition before the S.D.J.M., Ara who shall make efforts for resolution of dispute between the husband and the wife after sending the case to the Mediation Centre available at the district.

(Prabhat Kumar Jha, J.) Vinita/- U T