Sanjay Singh And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48765 of 2013 Arising Out of PS.Case No. -4 Year- 0 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ===========================================================
1. Sanjay Singh, S/O Braj Kishore Singh @ Chhotan Singh,
2. Kavita Devi, W/O Sanjay Singh,
3. Sanjeev Kumar, S/O Sanjay Singh,
4. Santosh Kumar, S/O Sanjay Singh, all resident of village- Mai, P.S.- Parwalpur, District- Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar,
2. Soni Devi, W/O Sanjeev Kumar, D/O Umashankar Singh, resident of villageTetarpur, P.S.- Jairampur, District- Sheikhpura .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan II, Advocate For the Opposite Party/s : Mr. R. B. Roy 'Raman', APP Mr. Pankaj Kumar, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-08-2015 Learned counsel for the Petitioners seeks permission to withdraw this application so far as Petitioner No.3-Sanjeev Kumar is concerned.
The application is permitted to be withdrawn in so far Petitioner No.3-Sanjeev Kumar is concerned.
Rest of the Petitioners, who are the in-laws of the Opposite Party No.2, seek quashing of the order dated 15.06.2012 passed by the Sub-Divisional Judicial Magistrate, Sheikhpura, in Complaint Case No.4-C of 2012.
The case of the Complainant is that she was married to
Patna High Court Cr.Misc. No.48765 of 2013 dt.20-08-2015 2/2 the Petitioner No.3 on 07.06.2010 whereafter she went to matrimonial home. However, the in-laws started demanding dowry and finally ousted her from the matrimonial home. It has been submitted on behalf of the Petitioners that due to some incompatibility issue between the spouses right from the beginning the present Complaint has been instituted, wherein, the Petitioners have been made accused so as to coerce the husband to compromise the matter.
On the other hand, counsel for the Complainant submits that since the Petitioners were in-laws and they had moral obligation towards maintenance of matrimonial harmony between the spouses, they should be put on trial.
Having considered the vague nature of allegation, period of marriage and relationship between the parties, the order dated 15.06.2012 passed by the Sub-Divisional Judicial Magistrate, Sheikhpura, in Complaint Case No.4-C of 2012, is hereby quashed in so far as Petitioner Nos.1, 2 and 4 are concerned. The application is allowed in part.
(Anjana Prakash, J) JA/- U T