Allowed

Brij Bihari Singh and Ors. v. The State Of Bihar

Patna HC11 Dec 2014CR. MISC./36464/2014

Case brief

AI extract

What is this about?

The High Court allowed the petition for quashing of the order of cognizance against the petitioners, being in-laws of the complainant, finding that trying them would be an exercise in futility. The court clarified this does not touch the merits of the case against the husband.

What did the court decide?

The order of cognizance dated 20.5.2014/30.5.2014 passed by the Sub-Divisional Judicial Magistrate, Danapur, in connection with Complaint Case No. 681C of 2008 is set aside.

Brij Bihari Singh and Ors. Vs The State Of Bihar — Domestic Violence | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36464 of 2014

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Arising Out of Complaint Case No.681(C), Year- 2008, District- PATNA

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====================================================== 1. Brij Bihari Singh, S/o Ram Khelawan Singh 2. Shanti Devi, W/o Brij Bihari Singh 3. Suresh Singh @ Suresh Kumar Singh, S/o Brij Bihari Singh 4. Umesh Singh @ Umesh Kumar Singh, S/o Brij Bihari Singh 5. Sudha Devi, W/o Umesh Kumar Singh All are resident of village Gahampur, P.S. Garekha, District Chapra. 6. Kiran Devi, D/o Brij Bihari Singh, W/o Pradeep Singh 7. Pradeep Singh, S/o Shanti Prakash Singh Both 6 and 7 are resident of village Adhupur, P.S. Garakha, District Chapra. .... .... Petitioner/s

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Versus

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The State of Bihar

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Kavita Singh, daughter of Sri Dinesh Prasad, Teachers Hostel No. 2, Qr. No. 23, B.R.A. Campus, Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radha Krishna Singh, Adv. For the State : Mr. Ram Chandra Sahni, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 11-12-2014 Heard learned counsel for the Petitioners and the State. The Petitioners who are the in-laws seek quashing of the order of cognizance dated 20.5.2014/30.5.2014 passed by the Sub-Divisional Judicial Magistrate, Danapur, in connection with Complaint Case No. 681C of 2008. The case of the Complainant is that she was married to Manoj Kumar Singh on 5.6.2002, on which occasion, several gifts were given to the in-laws. However, when she went to her

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Patna High Court Cr.Misc. No.36464 of 2014 (3) dt.11-12-2014

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matrimonial home, the in-laws started demanding Motorcycle and other articles and on non-fulfillment of above said demand, she was tortured. Finally, when she went to her paternal home, the inlaws never came to pick up her and, hence, the present complaint.

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It has been submitted on behalf of the Petitioners that they are parents-in-law and sister-in-law of the Complainant and in the entire Complaint, apart from a rambling allegations, there is nothing specific as against them. It also appears absurd that a person would be tortured for six long years for ends of dowry.

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Fact of the matter is that there were some differences between the spouses which had led to institution of the present Complaint implicating the entire family, so as to pressurize them into normalizing the dispute as per her dictates.

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On the other hand, learned counsel for the Complainant submits that since the Petitioners are relatives of husband of the Complainant, hence, they should be put on Trial.

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Having considered the narrative of the Complaint with regard to the relationship between the spouses, putting the Petitioners, in my opinion on Trial would be an exercise in futility. Hence, the application is allowed and the entire proceeding including the order of cognizance dated 20.5.2014/30.5.2014 passed by the Sub-Divisional Judicial

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Patna High Court Cr.Misc. No.36464 of 2014 (3) dt.11-12-2014

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Magistrate, Danapur, in connection with Complaint Case No. 681C of 2008 is hereby set aside.

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However, the quashment of present Proceeding shall

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have no bearing on the merits of the case of the husband.

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(Anjana Prakash, J) S.Ali/U T

Brij Bihari Singh and Ors. v. The State Of Bihar

Case brief

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Brij Bihari Singh and Ors. v. The State Of Bihar

Case brief

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