The High Court at Patna rejected the petition for quashing of an FIR under sections 498A IPC and 34 IPC, along with the Dowry Prohibition Act. The single judge held that the allegations constituted a cognizable offence and refused to entertain the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49867 of 2014
Arising Out of PS.Case No. -478 Year- 2013 Thana -KANTI District- MUZAFFARPUR ====================================================== Vikash Kumar @ Vikash Kumar Singh son of late Babulal Prasad, resident of Mohall- Ram Bag Road Razi Haidar Compound, P.S.-Mithanpura, District- Muzaffarpur .... .... Petitioner/s Versus 1.State of Bihar 2.Nisha Kumari wife of late Babulal Sah wife of Vikash Kumar, resident of village-Pandit Pakri, P.S.-Kanti, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Khurshid Alam, Advocate For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-12-2014 Heard learned counsel for the petitioner and learned counsel for the State. The present application under section 482 of the Code of Criminal Procedure has been filed for quashing of Kanti P.S. Case No.478 of 2013 registered for the offences punishable under section 498A read with 34 of the Indian Penal Code as well as sections 3 and 4 of the Dowry Prohibition Act.
From a bare perusal of the FIR it appears that the allegations made therein do constitute a cognizable offence. In that view of the matter, I am not inclined to entertain the present writ application. Accordingly, the application is rejected.
(Ashwani Kumar Singh, J)
Md.S./-
U T
1 issue framed by the court
Whether the present application under section 482 CrPC should be entertained for quashing of the FIR.
Vikash Kumar @ Vikash Kumar Singh
State of Bihar
Nisha Kumari
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
