The Patna High Court allowed the petitioner to quash the order of cognizance dated 17.01.2012 in Complaint Case No. 2622 of 2010, which involved allegations of torture and ouster from the matrimonial home.
The proceedings including the order of cognizance dated 17.01.2012 are set aside so far as the petitioner is concerned.
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Patna High Court Cr.Misc. No.17185 of 2013 dt.09-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17185 of 2013 Arising Out of PS.Case No. -2622 Year- 2010 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ =========================================================== Md. Kashim S/O Late Baharan Sah R/O Village Bathua, P.O. Dharam Parsa, P.S. Manjha Garh, District Gopalganj. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-05-2016
The petitioner who is the father-in-law seeks quashing of the order of cognizance dated 17.01.2012 passed by the S.D.J.M, Gopalganj in Complaint Case No. 2622 of 2010.
The case of the complainant is that she was married with Babu Hussain @ Babu Saheb in the year 2003 out of which four children were born. However, she was always tortured and thereafter, ousted from the matrimonial home.
It has been submitted on behalf of the petitioner that it is impossible to believe that a person would be tortured for such a long period even after birth of four children. There were some issues between the husband and wife which led to institution of the present complaint.
Patna High Court Cr.Misc. No.17185 of 2013 dt.09-05-2016
Considering the facts of the case, the application is allowed and the proceedings including the order of cognizance dated 17.01.2012 passed by the S.D.J.M, Gopalganj in Complaint Case No. 2622 of 2010 is hereby set aside so far as petitioner is concerned.
Prakash/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.05.2016
Transmission Date 12.05.2016
(Anjana Prakash, J)
2 issues framed by the court
Whether the order of cognizance in the dowry and cruelty complaint should be quashed in favour of the petitioner.
Whether the allegations of long-term torture are credible given the birth of four children.
Md. Kashim S/O Late Baharan Sah
The State Of Bihar
Anjana Prakash
As recorded by the court registry
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