Quashed

Rakesh Kumar and Anr. v. State Of Bihar and Anr.

Patna HC10 Oct 2014CR. MISC./2014/2014

Case brief

AI extract

What is this about?

Petitioners sought quashing of criminal proceedings initiated against them arising from a complaint filed by their former wife, alleging abuse of process due to the victim voluntarily leaving the matrimonial home.

What did the court decide?

The entire proceeding and order of cognizance dated 18.12.2012 passed by the S.D.J.M., Chapra, in Trial No.2323 of 2013, Inquiry case No.777 of 2012 arising out of Complaint case No.2501 of 2012, were

Rakesh Kumar and Anr. 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.2014 of 2014

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Arising Out of PS.Case No. -2501 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== 1. Rakesh Kumar S/O Jainath Mahto 2. Sunita Devi W/O Rajesh Kumar, both R/O Village Sikti Bhikham (Mahesh Chapra), P.S. Mashrakh, District Chapra, At Present R/O CoOperative Colony, Jamadoba, P.S. Jorapokhar, District Dhanbad (Jharkhand). .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Renu Devi W/O Rakesh Kumar D/O Late Phaujdari Mahto, R/O CoOperative Colony Jamadoba, P.S. Jorapokhar, District Dhanbad (Jharkhand) At Present R/O Village Dhangarha, P.S. Baniapur, District Chapra (Saran). .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Shailendra Kr.-II, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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4 10-10-2014 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 18.12.2012 passed by the S.D.J.M., Chapra in Trial No.2323 of 2013 Inquiry case No.777 of 2012 arising out of Complaint case No.2501 of 2012. The case of the Complainant is that she was married to the Petitioner No.1 on 28.11.2010 for ends of dowry. She was severely tortured and ousted from her matrimonial home on 15.7.2012.

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The Petitioners submit that fact of the matter is that the Complainant herself does not want to live in her matrimonial

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Patna High Court Cr.Misc. No.2014 of 2014 (4) dt.10-10-2014

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home and had left home on her own will, for which reason the Petitioner No.1 filed an Informatory Petition on 18.1.2012 as also on 23.5.2012 he filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. On 3.3.2012 when the Petitioner No.1 went to bring back his wife he was assaulted for which reason he filed a case against the Opposite Party No.2 and her family members, which was compromised at the intervention of the Officer-in-charge of the concerned Police Station. As per the terms of the compromise the Petitioner No.1 went once again to bring back his wife but she refused to come back, for which reason he filed a petition to this effect on 4.3.2012 at the Police Station. On 6.3.2012 also the Petitioner No.1 filed an information that he was likely to be implicated in a false case. Subsequently after all this was done, the present Complaint was filed on 25.7.2012.

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It has been submitted that evidently the background facts of the case the present Complaint is nothing but an abuse of the process of the Court.

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Notices had been issued to the Opposite Party No.2 but despite service of notice she has chosen not to appear before this Court.

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Accepting the submissions raised on behalf of the

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Patna High Court Cr.Misc. No.2014 of 2014 (4) dt.10-10-2014

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Petitioners on the basis of the documents annexed herewith, the application is allowed and the entire proceeding including the order of cognizance dated 18.12.2012 passed by the S.D.J.M., Chapra in Trial No.2323 of 2013 Inquiry case No.777 of 2012 arising out of Complaint case No.2501 of 2012 is hereby set aside.

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(Anjana Prakash, J)

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Narendra/U T

Rakesh Kumar and Anr. v. State Of Bihar and Anr.

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Rakesh Kumar and Anr. v. State Of Bihar and Anr.

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