Patna High CourtCR. MISC./29415/2008allowed

Brijnandan Choudhary And ORS v. The State Of Bihar And ANR

2015-05-08Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29415 of 2008 Arising Out of PS.Case No. -0 Year- null Thana -null District- JEHANABAD ===========================================================

1. Brijnandan Choudhary S/o Yadu Choudhary.

2. Dharmendra Choudhary

3. Munni Choudhary.

4. Chinta Devi W/o Brijnandan Choudhary.

5. Usha Devi D/o Brijnandan Choudhary.

6. Akhilesh Kumar

7. Basudeo Prasad

8. Kailash Prasad

9. Bishun Mahto .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lakhan Choudhary son of Late Bhathu Choudhary. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-05-2015 No one appears on behalf of the petitioners and the Opposite Party No. 2.

The petitioners seek quashing of the order of cognizance dated 04.02.2008 passed by the Judicial Magistrate 1st Class, Jehanabad in Complaint Case No. 98 of 2006.

The case of the complainant is that daughter of the Petitioner no. 1 was married to the son of the complainant in the year 1993. Petitioner no. 1 asked the complainant to keep his daughter but he said that only if she returned ornaments worth about Rs. 40,000/- which she had taken away he would keep her. Later the accused

Patna High Court Cr.Misc. No.29415 of 2008 dt.08-05-2015 2/2 persons came and threatened him and his family members. The submissions of the petitioners is that it is indeed true that the daughter of the Petitioner no. 1 was married to the son of the O.P. No. 2 but she was ill treated on account of which she moved to her maternal home. It is only to coerce her into some kind of compromise that the present frivolous complaint was instituted. Having considered the nature of relationship between the parties and the nature of allegations, I am inclined to hold that the present complaint is frivolous in nature and deserves to be set aside. Hence the application stands allowed and the order of cognizance dated 04.02.2008 passed by the Judicial Magistrate 1st Class, Jehanabad in Complaint Case No. 98 of 2006, is hereby quashed. (Anjana Prakash, J) Prakash/- U T