Kundan Kumar And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.42142 of 2014 dt.05-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42142 of 2014 Arising Out of PS.Case No. -2121 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ===========================================================

1. Kundan Kumar S/o Prabhat Chandra Vishwakarma

2. Prabhat Chandra Vishawakarma S/o Late Ishwar Chandra Vishawakarma

3. Lalita Devi @ Lalita Kumari Sharma W/o Prabhat Chandra Vishwakarma All Resident of Mohalla nai Bazar, Buxar, Near Bari Masjid, Police Station Buxar Town, District Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pushpa Kumari W/o Kundan Kumar and D/o Sri Gauri Shankar Sharma Resident of Emergency Colony, Railway Quarter No. 498/C, Police Station Katihar Town, District Katihar (Bihar).

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 05-04-2016 It has been submitted that the matter has been referred to the meditation centre by the Hon'ble Supreme Court. In view of such, the application so far as the Petitioner no. 1 who is the husband is concerned is permitted to be withdrawn. The rest of the petitioners who are the parents-in-law seek quashing of the order of cognizance dated 12.03.2014 passed by the Sub-Divisional Judicial Magistrate, Katihar in C.A. No. 2121 of 2013. The case of the complainant is that she was married to the Petitioner no. 1 on 27.04.2003 where after she went to the

Patna High Court Cr.Misc. No.42142 of 2014 dt.05-04-2016 matrimonial home but she was tortured for ends of dowry and ousted from the matrimonial home.

It has been submitted on behalf of the petitioners that the petitioners are the parents-in-law of the complainant and it is impossible to believable that a person would be tortured for ends of dowry for such a long period. Evidently the grouse is elsewhere. Moreover the complaint has been filed more then 11⁄2 years after her ouster from the matrimonial home.

On the other hand the complainant submits that since the petitioners are parents-in-law they should have taken steps for ensuring that the marriage was smooth and hence they should be put on trial.

Having considered the duration of marriage and relationship of the petitioners with the complainant as also general and sweeping nature of allegation, the application is allowed and the order of cognizance dated 12.03.2014 passed by the Sub-Divisional Judicial Magistrate, Katihar in C.A. No. 2121 of 2013, is hereby set aside so far as the petitioners no. 2 & 3 are concerned. (Anjana Prakash, J) Prakash/- U T