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Patna High CourtCR. MISC./45224/2023dismissed

Deewakar Dwivedi v. The State Of Bihar

2024-08-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45224 of 2023 Arising Out of PS. Case No.-3219 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

DEEWAKAR DWIVEDI S/O DHRUV NARAYAN DWIVEDI RESIDENT OF HOUSE NO. 233, LAXMI NAGAR, ARMY GATE, PS. MEGHANI NAGAR, DIST. AHMEDABAD 2.

DHRUV NARAYAN DWIVEDI S/O LATE GAURI SHANKAR DWIVEDI RESIDENT OF HOUSE NO. 233, LAXMI NAGAR, ARMY GATE, PS. MEGHANI NAGAR, DIST. AHMEDABAD 3.

SHOBHA SUMAN DWIVEDI W/O DHRUV NARAYAN DWIVEDI RESIDENT OF HOUSE NO. 233, LAXMI NAGAR, ARMY GATE, PS. MEGHANI NAGAR, DIST. AHMEDABAD ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

AARTI DWIVEDI W/O DEEWAKAR DWIVEDI, D/O KESHAV KISHORE PANDEY R/O VILLAGE- BELI SARAI, NEAR NARSINH BABA ASHRAM, PS. TOWN MOTIHARI, DIST. EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the informant as well as learned counsel for the State.

2. The present application has been filed for quashing the order dated 20.06.2023 passed by the learned S.D.J.M. Sadar, Motihari, East Champaran in Complaint Case No. 3219 of 2022 whereby and whereunder he has taken cognizance for the offences punishable under Sections 498(A) and 34 of the

Patna High Court CR. MISC. No.45224 of 2023(7) dt.07-08-2024 2/2 I.P.C. and under Section 4 of the D.P. Act.

3. The prosecution case in short is that on 22.12.2022 complainant filed a complaint petition alleging therein that she was married with the petitioner No. 1 on 6.12.2014. But soon after marriage petitioners started torturing to the complainant for want of Rs. 50 lakhs and a house as dowry. It is further alleged that on 4.9.2017 she gave birth to a baby boy but petitioners continued to harass the complainant and lastly on 20.11.2022, she was ousted from her matrimonial home.

4. Since the allegations have been levelled against all the accused persons, the same cannot be quashed on the mere submission of the learned counsel for the petitioners and on the defence materials at this stage.

5. In view of the above, this application is dismissed. (Sandeep Kumar, J) Saif/- U T