The Patna High Court quashed criminal proceedings initiated against two petitioners for alleged dowry harassment. The court held that continuing the trial, where negotiations had broken down and the complainant and petitioners remarried subsequently, would be an abuse of the court's process.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44196 of 2009
4/ 24-09-2013 The Petitioners seek quashing of entire proceeding including order of cognizance dated 16.05.2006 passed by the Sub-Divisional Judicial Magistrate, Sasaram, in Complaint Case No.300 of 2005 (Tr. No.1636 of 2005).
The case of the Complainant is that he had settled the marriage of his daughter with son of the Petitioner No.1 and Petitioner No.2 in the year 2003, but on account of demand of more dowry the bridegroom party withdrew from marriage negotiation and hence, the present Complaint.
Submission of the Petitioner is that the marriage negotiation was broken off for some other reason and a Panchayati was held on 13.03.2005 where the Complainant appeared and they agreed to settle the dispute. However, a few days later he went on to file this Complaint only with a view to harass them. Fact of the
Patna High Court Cr.Misc. No.44196 of 2009 (4) dt.24-09-2013
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matter is that the Complainant married his daughter on 20.05.2005 to some other boy and it is thereafter that son of the Petitioner No.1 was married on 20.06.2005 to some other girl. In these circumstances the Petitioners seek exoneration from prosecution.
On the other hand, counsel for the Complainant submits that since the Petitioners had broken the marriage negotiation on account of more dowry, they should be prosecuted.
Considering the circumstances of the case, I am inclined to hold that continuance of the present proceeding would be abuse of process of the Court and deserves to be set aside.
Hence, entire proceeding including order of cognizance dated 16.05.2006 passed by the Sub-Divisional Judicial Magistrate, Sasaram, in Complaint Case No.300 of 2005 (Tr. No.1636 of 2005) is hereby quashed.
The application stands allowed.
(Anjana Prakash, J)
JA/-
2 issues framed by the court
Whether the judicial proceedings for dowry harassment should be quashed in light of a Compromise.
Whether continuation of the proceeding constitutes an abuse of the process of the court.
Basanti Prasad Keshari
Guddu Prasad Keshari
The State of Bihar
Onkar Prasad Keshri
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
