Allowed

Md. Kalim @ Kalim Uddin and Ors. v. State Of Bihar and Anr.

Patna HC17 Nov 2014CR. MISC./15169/2014

Case brief

AI extract

What is this about?

The Patna High Court quashed an order of cognizance in a dowry case, noting that the petitioners were in-laws with no role in domestic affairs and faced only bare allegations, and dismissed the response after notice.

What did the court decide?

The order of cognizance dated 11.11.2013 passed by the S.D.J.M., Begusarai in Complaint case No.437(c) of 2013 is set aside.

Md. Kalim @ Kalim Uddin and Ors. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15169 of 2014

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Arising Out of PS.Case No. -437 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== 1. Md. Kalim @ Kalim Uddin Son of Late Abdul Aziz 2. Khairun Khatoon W/O Md. Kalim @ Kalim Uddin 3. Md. Dablu @ Hasib @ Md. Hasib S/O Md. Kalim @ Kalim Uddin, All Residents Of Village-Lakhanpur, P.S.-Tarapur, District-Munger. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Noorzaha W/O Md. Dablu @ Hasib S/O Md. Abbas, Resident Of Village-Abhaipur, Maheshpur, P.S.-Piri Bazar, District-Lakhisarai At Present Goshala Road, Thana Nagar, District-Begusarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar Choudhary, Adovocate For the State : Mr. Shyam Bihari Singh, APP For Opposite Party No.2 : None ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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5 17-11-2014 Supplementary Affidavit has been filed stating therein that the Petitioner No.3 Md. Dablu @ Hasib, who was the husband of the Opposite Party No.2, has died during the pendency of the present application.

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The surviving Petitioners, who are the parents-in-law of the Opposite Party No.2, seek quashing of the order of cognizance dated 11.11.2013 passed by the S.D.J.M., Begusarai in Complaint case No.437(c) of 2013.

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The case of the Complainant is that she was married to Petitioner No.3 (now dead) on 25.2.2006 and out of the wedlock

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Patna High Court Cr.Misc. No.15169 of 2014 (5) dt.17-11-2014

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2/2

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two children were born. Initially she was kept well but later on everyone started demanding additional dowry and was tortured on account of non-fulfilment of the demands.

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It ahs been submitted that the Petitioners No.1 and 2, who are in-laws, used to live separately from the Complainant and had no role to play in the domestic affairs of the Complainant and her husband. Moreover, in the Complaint petition there is just a bald allegation of the Petitioners being involved, in torture.

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On the last occasion notices had been issued to the Opposite Party No.2 but none appears on her behalf.

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Having considered the factual scenario in the Complaint, the application is allowed and the proceeding including the order of cognizance dated 11.11.2013 passed by the S.D.J.M., Begusarai in Complaint case No.437(c) of 2013 is hereby set aside.

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(Anjana Prakash, J)

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Narendra/-

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U T

Md. Kalim @ Kalim Uddin and Ors. v. State Of Bihar and Anr.

Case brief

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Md. Kalim @ Kalim Uddin and Ors. v. State Of Bihar and Anr.

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