Allowed

Md. Rabban v. State Of Bihar and Anr.

Patna HC5 Dec 2014CR. MISC./7460/2014

Case brief

AI extract

What is this about?

The High Court allowed the petition to quash the order dated 31.8.2013 under Complaint Case No. 485-C of 2012, holding that given the marital discord and lack of evidence of torture leading to suicide or grievous injury, no offence under Section 498A IPC or the Dowry Prohibition Act is made out.

What did the court decide?

The order dated 31.8.2013 passed by the Sub-Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 485-C of 2012 is set aside.

Md. Rabban 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.7460 of 2014

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Arising Out of Complaint Case No.485C Year- 2012 District- KHAGARIA ====================================================== Md. Rabban, S/O Md. Subhan, Resident Of Village Simri Bakhtiarpur, Nehru Mohalla, Ward No. 12, P.S. Simri Bakhtiarpur, District Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Rajia Sultana, W/O Md. Rabban, D/O Md. Sajjad (Marhum), Resident Of Village Simri Bakhtiarpur, Nehru Mohalla, Ward No. 12, P.S. Simri Bakhtiarpur, District Saharsa. At Present Resident Of Village Bachhaut, P.S. Morkahi, District Khagaria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Jha, Adv. For the State : Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 7 05-12-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 31.8.2013 passed by the Sub-Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 485-C of 2012. In the nature of relationship between the Parties and the allegation, notices had been issued to the Opposite Party No. 2 but despite repeated attempts, none appears on her behalf. The background a fact of the case is that the Petitioner and the Opposite Party No. 2 were married on 14.10.2002 and out of the wedlock, two daughters were born. Unfortunately, for some

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Patna High Court Cr.Misc. No.7460 of 2014 (7) dt.05-12-2014

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reason, there was souring of relationship between the Parties on account of which the Opposite Party No. 2 left her matrimonial home. The Petitioner then filed a case vide Case No. 3/2667 before Imarat -E-Sharaiya on 8.2.2007 where notices were issued to the Opposite Party No. 2 but she did not appear. Final orders, thereafter, passed on 31.5.2007. Then Complaint Case No. C-484 on 13.7.2007 was filed by the Complainant before the Crime Branch, Women Cell, South, New Delhi where the spouses were summoned and the matter was compromised. The Opposite Party No. 2 then started living with the Petitioner but once again she left him. He then filed a Sanha before the Officer-in-Charge, Simri, Bakhtiyarpur, on 25.4.2012 in this regard. Soon thereafter, the present Complaint was filed on 27.4.2012.

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It has been submitted that in this background, it is impossible to believe that for ten long years, any person would be tortured for ends of dowry and there is no allegation that the Complainant was tortured to the extent that she was forced her to commit suicide or was caused grievous bodily injury and, hence, no offence under Section 498A Indian Penal Code and 4 of Dowry Prohibition Act is made out.

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Having considered the background facts, the application is allowed and the order dated 31.8.2013 passed by the

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Patna High Court Cr.Misc. No.7460 of 2014 (7) dt.05-12-2014

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Sub-Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 485-C of 2012, is hereby set aside.

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However, the present order shall have no bearing on

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any other claims of the Complainant.

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(Anjana Prakash, J)

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S.Ali/-

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U T

Md. Rabban v. State Of Bihar and Anr.

Case brief

What is this about?

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Md. Rabban v. State Of Bihar and Anr.

Case brief

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