Quashed¶25

Meenu Gupta v. The State of Bihar

Patna HC9 Feb 2024CR. MISC./4833/2024

Case brief

AI extract

What is this about?

Consent-based quashing of FIR in matrimonial/dowry case: wife (OP No. 2) gave no objection via her counsel; APP did not rebut; FIR Hajipur Town PS Case 695 of 2023, Vaishali (Sections 498A, 323, 504, 506, 34 IPC; Sections 3 and 4 Dowry Prohibition Act) quashed only qua seven petitioners (in-laws, married sister-in-law, brother-in-law); husband of complainant not a petitioner, FIR stands for him; Patna High Court Crl. Misc. 4833/2024, Satyavrat Verma J., 09-02-2024.

What did the court decide?

Quashing of FIR Hajipur Town PS Case No. 695 of 2023 (dated 06-09-2023) in so far as the seven petitioners are concerned; the Court expressly made clear that the quashing is limited to the petitioners herein. ¶25

Meenu Gupta Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the FIR in Hajipur Town PS Case No. 695 of 2023 should be quashed in respect of the seven petitioners (described by the APP as OP No. 2's in-laws, married sister-in-law and brother-in-law), given the no-objection conveyed by counsel instructed by OP No. 2 and the matrimonial nature of the dispute, noting that the husband of OP No. 2 is not a petitioner in this application.

¶23

Court's answer

On the strength of the submission of counsel instructed by OP No. 2 (that she had no objection to quashing qua the petitioners), which the learned APP did not rebut, the FIR (Hajipur Town PS Case No. 695 of 2023, dated 06-09-2023, registered under Sections 498A, 323, 504, 506 and 34 IPC read with Sections 3 and 4 of the Dowry Prohibition Act) is quashed in so far as the petitioners are concerned.

¶24

Ratio / Principle

The quashing is expressly confined to the petitioners named in this application only; it does not extend beyond them (counsel had earlier noted that the husband of OP No. 2 is not a petitioner in the present quashing application).

¶25

Detailed headnote1 paragraphs

PATNA HIGH COURT — Criminal Miscellaneous No. 4833 of 2024, decided 09-02-2024 (Satyavrat Verma, J.): FIR Hajipur Town PS Case No. 695 of 2023, dated 06-09-2023, registered under Sections 498A, 323, 504, 506 and 34 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act, arising out of Thana Nagar, District Vaishali from a matrimonial dispute, is quashed in respect of the seven petitioners on the strength of a no-objection conveyed by counsel having instruction from Opposite Party No. 2 (the complainant), which the learned APP did not rebut, stating that if OP No. 2 did not intend to pursue the case against her in-laws, married sister-in-law and brother-in-law, the case can be quashed. Counsel further submitted that the husband of OP No. 2 is not a petitioner in the present quashing application; accordingly the Court expressly confined the quashing to the petitioners herein only.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4833 of 2024

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Arising Out of PS. Case No.-695 Year-2023 Thana- NAGAR District- Vaishali

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======================================================

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Meenu Gupta W/O Dheeraj Kumar @ Dheeraj Gupta Resident Of Gosai Toli, Upper Chutia, Ranchi Gpo, Ps. Chutia, Dist. Ranchi, State- Jharkhand.

¶5

Dheeraj Kumar @ Dheeraj Gupta S/O Bijay Kumar Sahu Resident Of Gosai Toli, Upper Chutia, Ranchi Gpo, Ps. Chutia, Dist. Ranchi, State- Jharkhand.

¶6

Bina Gupta W/O Rakesh Kumar Gupta Resident Of 403, Harbanshpur Sadar, Azamgarh, Ps.- Kotwali, State- U.P.

¶7

Jay Prakash Gupta S/O Bhagwan Das Gupta Resident Of Station Mal Godam Road, Ballia,Ps.- Kotwali, State- U.P.

¶8

Surya Prakash Gupta S/O Bhagwan Das Resident Of Station Mal Godam Road, Ballia, Ps. Kotwali, State- U.P.

¶9

Shanti Devi Gupta W/O Bhagwan Das Gupta Resident Of Station Mal Godam Road, Ballia, Ps. Kotwali, State- U.P.

¶10

Bhagwan Das Gupta S/O Late Sona Lal Gupta Resident Of Station Mal Godam Road, Ballia, Ps. Kotwali, State- U.P.

¶11

... ... Petitioner/s

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Versus

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The State of Bihar

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Mrinalni Gupta W/O Ved Prakash Gupta, D/O Ashok Kumar MohallaMahajan Toli, Ps.- Hajipur Town, Dist. Vaishali.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shashank Chandra, Adv For the Opposite Party/s : Mr.Shyameshwar Dayal, APP Mr. Awdhesh Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 09-02-2024

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1. Heard learned counsel for the petitioners, learned

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APP along with learned counsel for the OP No. 2, Mr. Awdhesh Kumar Singh.

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2. The learned counsel for OP No. 2, at the outset, submits that he has instruction on behalf of the OP No. 2 to make submission that OP No. 2 shall have no objection, in the

¶21

Patna High Court CR. MISC. No.4833 of 2024(2) dt.09-02-2024 2/2

¶22

event, if the FIR is quashed with respect to the petitioners herein only.

¶23

3. The learned APP, in view of the submission made by the learned counsel appearing on behalf of the OP No. 2, also does not rebut his submission and submits that since the dispute is matrimonial, as such, in the event if OP No. 2 does not intend to pursue the case against her in-laws, married sister-in-law, brother-in-law, in that event, the case can be quashed. It is next submitted that husband of OP No. 2 is not a petitioner in present quashing application.

¶24

4. Considering the submission made by the learned counsel appearing on behalf of the OP No. 2, the FIR being Hajipur Town PS Case No. 695 of 2023, dated 6-9-2023 registered under Sections 498A, 323, 504, 506 and 34 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act, is hereby quashed, in so far as petitioners are concerned.

¶25

5. It is made clear that the FIR has been quashed only with respect to the petitioners herein.

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(Satyavrat Verma, J)

¶27

SUMIT/-

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U T

Meenu Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Meenu Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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