The High Court of Patna allowed an application to quash an order taking cognizance against petitioners for Section 498A and 406 IPC offences. The court held continued proceedings were an abuse of the process of the court.
The impugned order dated 17.01.2012 taking cognizance of the offence is 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.9478 of 2015
Arising Out of PS. Case No.-2622 Year-2010 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj
======================================================
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioners : Mr. Sushil Kumar, Advocate For the State : APP For Opposite Party No.2 : Mr. Yogendra Pd. Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT
Date : 18-06-2019
Heard learned counsel for the petitioner, learned APP for
the State as well as learned counsel for the opposite party no. 2.
Patna High Court CR. MISC. No.9478 of 2015 dt.18-06-2019
2/2
against the petitioners. Moreover, the complainant had been married about seven years ago and had given birth to three daughters and a son before filing of the present complaint. The proceedings against the father-in-law of the complainant, namely, Md. Kashim had already been quashed by this Court vide judgment dated 09.05.2016 passed in Cr. Misc. No. 17185 of 2013.
(Vikash Jain, J)
BT/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 01.07.2019 |
| Transmission Date | N.A. |
1 issue framed by the court
Whether to quash the order taking cognizance of allegations under Sections 498A and 406 IPC.
1 provisions across 1 enactments
Afsana Khatoon
Shakina Khatoon
The State Of Bihar
Jahaara Khatoon
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
