Allowed

Khurshid Rabbani v. State Of Bihar and Anr.

Patna HC18 Nov 2014CR. MISC./15962/2014

Case brief

AI extract

What is this about?

The High Court at Patna quashed the order of cognizance in a criminal case where the petitioner was accused of dowry demands and related allegations, noting that the matrimonial relations had ended and further proceedings would cause harassment.

What did the court decide?

The order of cognizance dated 12.12.2013 passed by the Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 408 of 2013, G.R. No. 1488 of 2013 is hereby set aside.

Khurshid Rabbani Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15962 of 2014

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Arising Out of Kishanganj P.S. Case No. -408 Year- 2013 Thana -KISHANGANJ DistrictKISANGANJ ====================================================== Khurshid Rabbani, son of late Khalilur Rahman R/O Village-Dabur, P.S. Bahadurganj, District-Kishanganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. Nashiha Peraveen, D/O Abu Junaid Akhtar, R/O Mohalla-Sir Syed Nagar, Kajlamani Road, P.O.-P.S.-and District-Kishanganj .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Najmul Hoda, Adv. For the State : Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4 18-11-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 12.12.2013 passed by the Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 408 of 2013, G.R. No. 1488 of 2013.

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The case of the Complainant is that she was married to the Petitioner on 25.10.2012 after which the date of ‘Rokhsadi’ was fixed. However, in the meanwhile, the in-laws started demanding dowry which could not be fulfilled by the Complainant’s family and, hence, she took divorce .

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The counsel for the Petitioner submits that the fact of

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Patna High Court Cr.Misc. No.15962 of 2014 (4) dt.18-11-2014

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2/2

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the matter is that certain differences arose between the spouses on account of which the Complainant refused to come to the house of the in-laws after which he filed Matrimonial Suit 239 of 2013 for restitution of conjugal rights. Despite the same, the matter was not settled and the present First Information Report was instituted.

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Considering that now the matrimonial relationship has come to an end and the pendency of case would only mean further harassment of both the Parties so, it would be in their interest that further Proceeding be dropped.

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Hence, the application is allowed and the order of cognizance dated 12.12.2013 passed by the Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 408 of 2013, G.R. No. 1488 of 2013 is hereby set aside.

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However, the quashing of present Proceeding shall not have any bearing on other claims between the Parties.

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(Anjana Prakash, J)

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S.Ali/-

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U T

Khurshid Rabbani v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Khurshid Rabbani v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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