Criminal Miscellaneous application under Section 482 CrPC filed to quash an FIR registered under Dowry Prohibition Act and various IPC sections. The court held that the allegations disclose a cognizable offence and dismissed the application.
The application for quashing of the FIR is dismissed.
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.3611 of 2018
Arising Out of PS.Case No. -19 Year- 2017 Thana -MAHILA P.S. District- SAMASTIPUR
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P. Rishi Prakash, son of Dr. Ram Samar Singh, resident of Central Farm Machinery Training and Testing Institute, Ministry of Agriculture, Government of India, Type III/12, Tractor Nagar P.S.- Bundi, District Sihore, Madhya Pradesh.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jai Vardhan Narayan, Adv. For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 17-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of the First Information Report of Mahila P.S.Case No. 19 of 2017 registered for the offences punishable under Sections 498-A, 341, 323, 324 and 379 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The allegations made in the First Information Report lodged on the basis of written report of the opposite party no.2 do
Patna High Court Cr.Misc. No.3611 of 2018 (2) dt.17-07-2018
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attract ingredients of a cognizable offence. It is well settled that if a cognizable offence is reported to the S.H.O., he is bound to register the same as First Information Report and investigate the same.
In that view of the matter, I see no merit in this application. It is accordingly dismissed.
(Ashwani Kumar Singh, J)
Pradeep/-
U T
3 issues framed by the court
Whether the First Information Report should be quashed under Section 482 CrPC in a case involving allegations of Sections 498-A IPC and Dowry Prohibition Act.
Whether the allegations attract ingredients of a cognizable offence warranting registration and investigation.
Whether the application for quashing of the FIR has any merit.
3 provisions across 3 enactments
P. Rishi Prakash
The State of Bihar
Prakriti Vala
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
