Hari Saran Jaiswal And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31776 of 2012 Arising Out of PS.Case No. -1220 Year- 2009 Thana -null District- SASARAM (ROHTAS) ===========================================================
1. Hari Saran Jaiswal S/O Late Sita Ram Sah
2. Kusum Lata Devi W/O Hari Saran Jaiswal R/O Mohalla - Chaman Lal Pokhara Ward No.17, Police Station - Bhabhua, District - Kaimur At Bhabhua .... .... Petitioner/s
Versus
1. The State of Bihar
2. Priti Jaiswal @ Guriya @ Arati w/o Saurath Kumar Jaiswal @ Chintu D/o Din Dayal Prasad, resident of Chaman Lal Pokhara, P.S. Bhabhua, District Kaimur at Bhabhua .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate For the State : Mr. Ajay Kr. Jha, APP For Opposite Party No.2 : Mr. Kritiya Nand Jha, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 30-06-2015 The Petitioners, who are the in-laws of the Opposite Party No.2, seek quashing of the order of cognizance dated 5.4.2010 passed by the Sub Divisional Judicial Magistrate, Sasaram in Complaint case No.1220 of 2009.
The case of the Complainant is that she was married to the son of the Petitioners on 21.11.2007, whereafter she went to her matrimonial home. However, the in-laws started to torture her and she was finally ousted from the matrimonial home. It has been submitted on behalf of the Petitioners that on going through the Complaint Petition apart from general and vague
Patna High Court Cr.Misc. No.31776 of 2012 dt.30-06-2015 2/2 allegation with regard to torture there is no specific material against them. Moreover it is impossible to believe that a person who would be married in the year 2007 would be tortured for ends of dowry even after birth of a child.
On the other hand, the Counsel for the Complainant submits that since the Petitioners are the parents-in-law they were responsible for maintaining harmony in the house and therefore they should be put on trial.
Having considered the vague nature of allegations against the Petitioners in the Complaint petition which indicates some dispute between the spouses, the application is allowed and the order of cognizance dated 5.4.2010 passed by the Sub Divisional Judicial Magistrate, Sasaram in Complaint case No.1220 of 2009 is hereby set aside as far as the Petitioners are concerned. However, this order shall have no hearing on the prosecution of the husband.
(Anjana Prakash, J) Narendra/- U T