Quashed

Pappu Visihwakarma and Ors. v. the State of Bihar and Anr.

Patna HC22 Feb 2016CR. MISC./17391/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed the withdrawal of an application by Petitioner 1. The remaining petitioners sought quashing of the order of cognizance in a matrimonial domestic dispute. Considering the vague allegations and the petitioners' status as separated in-laws, the court quashed the proceedings against petitioners 2, 3, and 4.

What did the court decide?

Quashing of the order of cognizance dated 02.11.2006 passed in Complaint case No. 2658C of 2003 so far as petitioners no. 2, 3 and 4 are concerned.

Pappu Visihwakarma and Ors. Vs the State of Bihar and… — Matrimonial and Divorce | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.17391 of 2012

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Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA

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Pappu Visihwakarma S/O Sevalal Vishwakarma R/O Vill-Bigrahpur (New By Pass Road), P.S.-Gaurichak, Distt-Patna

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Surendra Vishwakarma @Surendra Sharma S/O Sevalal Vishwakarma R/O Mohalla-Ashok Nagar (Beside Post Office), P.S.-Kankarbagh, Distt-Patna

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Upendra Sharma @ Upendra Vishwakarma S/O Sevalal Vishwakarma R/O Suiya , Punppun, P.S.-Parsa Bazar, Distt-Patna

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Sevalal Vishwakarma S/O Jagdewan Mistry R/O Vill-Suiya , Punpun, P.S.Parsa Bazar, Distt-Patna

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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Kavita Devi W/O Pappu Vishwakarma , Daughter Of Ram Naresh Vishwakarma R/O Vill-Darveshpura, P.O.-Bayapur, P.S.-Maner, Distt-Patna, At Present C/O Nagendra Prasad , Ramjichak, P.O.-Bataganj, P.S.-Digha, Distt-Patna

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.... .... Opposite Party/s

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=========================================================== Appearance :

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For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

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Date: 22-02-2016

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Supplementary affidavit filed today stating therein that till

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date charge has not been framed, be kept on record.

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Learned counsel for the petitioners seeks permission to withdraw the application so far as Petitioner no. 1 is concerned to seek other remedy in accordance with law.

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Permission is allowed.

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The rest of the petitioners who are in-laws of the Opposite

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Party no. 2 seek quashing of the order of cognizance dated 02.11.2006

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Patna High Court Cr.Misc. No.17391 of 2012 dt.22-02-2016

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2/2

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passed in Complaint case No. 2658C of 2003 by the Judicial Magistrate 1^st Class, Patna.

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The case of the complainant is that she was married to the Petitioner no. 1 on 02.05.2002 on which occasion large number of gifts were given to the in-laws but they were not satisfied and tortured her and finally on 27.07.2003, she was ousted from the matrimonial home.

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It has been submitted on behalf of the petitioners that they were living separately and had no concern with the daily affairs of the husband and wife. In fact there were some issues between them which led to institution of Divorce Case No. 223 of 2009 by the husband. In such circumstances, their prosecution is unjustified.

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On the other hand counsel for the complainant submits that since the petitioners were family members they should be put on trial.

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Having considered the vague nature of allegations and the relationship of the petitioners, the application is allowed and the proceedings including the order of cognizance dated 02.11.2006 passed in Complaint case No. 2658C of 2003 by the Judicial Magistrate 1^st Class, Patna, is hereby quashed so far as petitioners no. 2, 3 and 4 are concerned.

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(Anjana Prakash, J)

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Prakash/U T

Pappu Visihwakarma and Ors. v. the State of Bihar and Anr.

Case brief

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Pappu Visihwakarma and Ors. v. the State of Bihar and Anr.

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