Allowed

Archana Das @ Archana Devi v. The State Of Bihar

Patna HC21 Apr 2016CR. MISC./12056/2014

Case brief

AI extract

What is this about?

The Patna High Court allowed a petition for quashing an order of cognizance in a matrimonial dispute case. The court set aside the cognizance for the petitioner, a mother-in-law, noting the background facts involving her son and daughter's weddings and a separate death case.

What did the court decide?

Order of cognizance dated 13.09.2013 is set aside so far as the petitioner is concerned.

Archana Das @ Archana Devi Vs The State Of Bihar — Domestic Violence | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.12056 of 2014

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Arising Out of PS.Case No. -118 Year- 2012 Thana -PANDAUL District- MADHUBANI =========================================================== Archana Das @ Archana Devi W/O Arun Chandra Das Resident Of Hanumanbagh Colony, P.S. Raj Nagar, District Madhubani .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 21-04-2016

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The petitioner who is mother-in-law of the Opposite Party no. 2 seeks quashing of the order of cognizance dated 13.09.2013 in connection with Pandaul P.S. Case No. 118 of 2012 corresponding to G.R. No. 1390 of 2012 passed by the S.D.J.M, Mdhubani.

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The case of the complainant is that she was married to Vijay Kumar on 17.06.2009 where after she went to the matrimonial home. However, she was tortured for ends of dowry thereafter the accused persons took her signature on a blank paper which was converted to a matrimonial case.

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The submission is that the son and the daughter of the petitioner were married in the same family. Her son was married to the Opposite Party no. 2. Certain complications arose on account of

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Patna High Court Cr.Misc. No.12056 of 2014 dt.21-04-2016

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2/2

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daughter to which the present first information report has been instituted.

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It has been submitted on behalf of the petitioner that fact is that her son had filed an application for restitution of conjugal right in the Family Court, Madhubani but the informant did not went to live with him. Whereas her daughter was killed by the family of Opposite Party no. 2 for which a case was instituted. In order to subvert prosecution the present false case has been instituted.

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Be that as it may considering the background facts and that the petitioner is mother-in-law, the application is allowed and the order of cognizance dated 13.09.2013 in connection with Pandaul P.S. Case No. 118 of 2012 corresponding to G.R. No. 1390 of 2012 passed by the S.D.J.M, Mdhubani, is hereby set aside so far as the petitioner is concerned.

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(Anjana Prakash, J)

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Prakash/-
AFR/NAFR NAFR
CAVDATE NA
Uploading Date 2.5.2016
Transmission Date 2.5.2016

Archana Das @ Archana Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Archana Das @ Archana Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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