The High Court dismissed the husband's application to quash the cognizance order in a dowry-related criminal case, noting prima facie allegations of torture and false implications.
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.6066 of 2014
Arising Out of case No. -232 Year- 2013 Thana -PATNA COMPLAINT CASE District- PATNA
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All Residents of Mohalla - Lodikatra (Bag Malu Khan), P.O. - Jhauganj, Police Station - Khajekalan, District - Patna
.... .... Petitioner/s Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Zeyaul Hoda, Advocate. For the State : Mr. Ajay Kumar No. 1, A.P.P. For the O.P. No. 2 : Ms. Anjula Kumari, Advocate.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
Heard learned counsel of the petitioner no. 1, learned counsel for the State as well as learned counsel for the O.P. No. 2.
14 04-10-2017
There were 05 petitioners of this quashing application but the quashing application of petitioners no. 2 to 5 were earlier allowed by this Court by order dated 19.08.2014 and the matter was referred to Mediation Centre for conciliation purposes in between husband and wife. The matter was referred twice to Mediation Centre but failed. Now the petitioner no. 1/husband seeks to set aside cognizance order dated 06.07.2013 passed by the S.D.J.M., Danapur in Complaint Case No. 232(C) of
Patna High Court Cr.Misc. No.6066 of 2014 (14) dt.04-10-2017
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2013 thereby he has taken cognizance of the offence under Sections 323 and 498A of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act.
The whole thrust of the argument of the learned counsel for the petitioner is regarding falsity of the case and false implication stating that wife does not want to live her in-laws, therefore, matrimonial discord developed but every effort was made by the husband to normalize the relationship even he has taken care of his wife during these period and got his daughters medically treated.
The Court finds from perusal of the complaint petition as well as record that there is specific allegation against the petitioner no. 1/husband of torturing his wife in connection with further demand of dowry. It is not the case that no prima facie case is made out against the husband. The defence of the petitioner cannot be looked into at this stage for quashing of cognizance order. Hence, this application stands dismissed.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether the quashing application filed by the husband to set aside the cognizance order in the criminal complaint case should be allowed.
Faisal Mahboob
The State of Bihar
Ishrat Jahan @ Eshrat Ansari
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
