This Criminal Miscellaneous petition sought quashing of an FIR under IPC 498A and the Dowry Prohibition Act. The High Court allowed the application, quashing the FIR based on the parties' settlement and claim of harmonious relationship, preventing abuse of process.
FIR of Patliputra P.S. Case No. 176 of 2016 quashed.
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.25894 of 2019
Arising Out of PS. Case No.-176 Year-2016 Thana- PATLIPUTRA District- Patna
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All are resident of Mohalla Rahamganj, Near Naka No.1, P.S - Darbhanga (Town), District - Darbhanga
At present petitioner no. 3 is residing at C/o Subrat Kumar Biswas Kalna Road, Sakipara Loco More, Near Canara Bank, P.S. - Bardhwan Sadar, District - Bardhwan (West Bengal)
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP156 ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 16-09-2019
Heard the parties.
This is a case under Section 498A of the Indian Penal Code. This application is for quashment of FIR of Patliputra P.S. Case No. 176 of 2016 registered under Sections 498A, 313, 307, 494/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.25894 of 2019 dt.16-09-2019 2/2
Submission of learned counsel for the petitioners is that when the matter of anticipatory bail of petitioner no. 3 Abhishek Kumar, who is husband of opposite party no. 2, was being considered in Cr. Misc. No. 25166 of 2017, both parties informed the Court that they are happily living together as husband and wife and they have settled their scores. A copy of the order dated 06.10.2017 passed in Cr. Misc. No. 25166 of 2017 is at Annexure2.
Submission is that still good relation between the spouse is prevailing and both are living together. In the circumstance, the FIR and subsequent criminal proceeding would amount to abuse of the process of the Court.
Considering the factual position aforesaid especially the nature of allegation and compromise of the case between the parties, let the FIR of Patliputra P.S. Case No. 176 of 2016 be quashed to secure the ends of justice. This application stands allowed, accordingly.
(Birendra Kumar, J)
Kundan/-
| AFR/NAFR | N.A. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 18.09.2019 |
| Transmission Date | 18.09.2019 |
2 issues framed by the court
Whether the FIR should be quashed considering the settlement and happy relation between the parties
If continuation of proceedings would amount to abuse of the process of the Court
3 provisions across 2 enactments
Dharmbir Mahto
Sushila Devi
Abhishek Kumar
Kumari Abhilasha
Avinash Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
