Allowed¶25

Amit Kumar v. The State of Bihar

Patna HC11 Mar 2024CR. MISC./8716/2023

Case brief

AI extract

What is this about?

Quashing of FIR allowed — Dehri Town P.S. Case No. 225 of 2021 (19.04.2021), District Rohtas — Sections 406, 420 Indian Penal Code — Sections 3/4 Dowry Prohibition Act — marriage-related payments: gifts Rs. 1,55,000/- and odd, deposit of Rs. 10 lacs in petitioner's account, demand of Rs. 20 lacs — Rs. 10 lacs refunded pursuant to co-ordinate Bench direction in Cr. Misc. No. 13167 of 2022 — charge-sheet quashed — continuation of criminal proceeding an abuse of process of court — private and trivial nature of dispute — giving and taking dowry both an offence — CRIMINAL MISCELLANEOUS No.8716 of 2023 — Prabhat Kumar Singh, J — decided 11-03-2024.

What did the court decide?

Quashing of F.I.R. bearing Dehri Town P. S. Case No. 225 of 2021 lodged on 19.04.2021 and of the subsequent criminal proceeding, including the charge-sheet. ¶25

Amit Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Quashing of F.I.R. bearing Dehri Town P. S. Case No. 225 of 2021 lodged on 19.04.2021 and of the subsequent criminal proceeding, including the charge-sheet.

¶25

Issue for consideration

Whether the quashing application seeking quashing of the F.I.R. bearing Dehri Town P. S. Case No. 225 of 2021 lodged on 19.04.2021, prosecuted for offences under Sections 406, 420 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, ought to be allowed. +1 more

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Court's answer

Considering the rival submissions made on behalf of the parties, the private and trivial nature of the dispute, and the fact that the amount allegedly transferred into petitioner No. 1's account has been refunded to the informant, continuation of the criminal proceeding would amount to abuse of the process of court.

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Ratio / Principle

Considering the rival submission of parties and materials available on record, to secure substantial justice, the application is fit to be allowed.

¶24

Key takeaways

At this stage, it is relevant to point out that giving and taking dowry are both an offence.obiter¶23
For the end of justice, the quashing application is allowed and the F.I.R. bearing Dehri Town P. S. Case No. 225 of 2021 lodged on 19.04.2021, as well as the subsequent proceeding including the charge-sheet, is hereby quashed.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J) allows Criminal Miscellaneous No. 8716 of 2023 and quashes F.I.R. bearing Dehri Town P. S. Case No. 225 of 2021 lodged on 19.04.2021 — prosecuted under Sections 406, 420 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act — together with the subsequent proceeding including the charge-sheet. Allegations were gifts of about Rs. 1,55,000/- before marriage, deposit of Rs. 10 lacs in petitioner No. 1's account and a demand of Rs. 20 lacs. The Rs. 10 lacs had already been refunded pursuant to the direction of a co-ordinate Bench in Cr. Misc. No. 13167 of 2022. Holding the dispute private and trivial, the Court found continuation of the criminal proceeding an abuse of the process of court and, to secure substantial justice, allowed the quashing application; it observed in passing that giving and taking dowry are both offences.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8716 of 2023

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Arising Out of PS. Case No.-225 Year-2021 Thana- DEHRI TOWN District- Rohtas

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

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Amit Kumar Son Of Late Dr. Ashok Kumar Sinha R/O Basgitiya, P.S.Bikramganj, District- Rohtas , At Present Holding No. G-28, Road No.2, Vijay Nagar Hanuman Nagar, B.H. Colony, P.S.- Kankarbagh, DistrictPatna

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Sita Devi Wife Of Late Dr. Ashok Kumar Sinha R/O Basgitiya, P.S.Bikramganj, District- Rohtas , At Present Holding No. G-28, Road No.2, Vijay Nagar Hanuman Nagar, B.H. Colony, P.S.- Kankarbagh, DistrictPatna

¶6

Supriya @ Supriya Rani D/O Late Dr. Ashok Kumar Sinha R/O Basgitiya, P.S.- Bikramganj, District- Rohtas , At Present Holding No. G-28, Road No.2, Vijay Nagar Hanuman Nagar, B.H. Colony, P.S.- Kankarbagh, District- Patna

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Shikha D/O Late Dr. Ashok Kumar Sinha R/O Basgitiya, P.S.- Bikramganj, District- Rohtas , At Present Holding No. G-28, Road No.2, Vijay Nagar Hanuman Nagar, B.H. Colony, P.S.- Kankarbagh, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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Vijay Bahadur Singh @ Vijay Singh Son Of Not Given R/O New Diliya Lala Colony, Ward No.21, P.O. And P.S.- Dehri, District- Rohtas

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Murari Mishra, Advocate For the Opposite Party/s : Mr. Binod Kumar, A.P.P. Mr. Dharmendra Kumar Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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6 11-03-2024 This application has been filed for quashing the F.I.R. bearing Dehri Town P. S. Case No. 225 of 2021 lodged on 19.04.2021 for the offences punishable under Sections 406, 420 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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The prosecution case, in brief, is that informant

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Patna High Court CR. MISC. No.8716 of 2023(6) dt.11-03-2024 2/3

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fixed the marriage of his daughter with petitioner No. 1. It is alleged that prior to the marriage, gifts worth Rs. 1,55,000/- and odd were given to the petitioner and further Rs. 10 lacs were deposited in the account of petitioner No. 1. Thereafter, Rs. 20 lacs were demanded from the petitioners’ side which resulted in lodging of the instant case.

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Learned counsel for the petitioners submits that pursuant to the direction of co-ordinate Bench of this Hon’ble Court passed in Cr. Misc. No. 13167 of 2022, the alleged amount of Rs. 10 lacs which is said to have been transferred in the account of petitioner No. 1 by the informant has already been refunded. So far as rest of the allegations are concerned, there is no chit of paper in support of the same.

¶20

However, learned counsel for the opposite party No. 2 opposes the prayer made on behalf of the petitioners and submits that only cash has been paid and rest of the jewellery and other items have not been returned yet. He next submits that during pendency of the case, charge-sheet has already been filed.

¶21

Considering the rival submissions made on behalf of the parties and private and trivial nature of dispute and the fact that the amount which was allegedly transferred in the

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Patna High Court CR. MISC. No.8716 of 2023(6) dt.11-03-2024 3/3

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account of petitioner No. 1 has been refunded to the informant, continuation of the criminal proceeding would amount to abuse of the process of court. At this stage, it is relevant to point out that giving and taking dowry are both an offence.

¶24

Considering the rival submission of parties and materials available on record, to secure substantial justice, the application is fit to be allowed.

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Accordingly, for the end of justice, this quashing application is allowed and F.I.R. bearing Dehri Town P. S. Case No. 225 of 2021 lodged on 19.04.2021 as well as subsequent proceeding including the charge-sheet is hereby quashed.

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This quashing application stands allowed.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Amit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amit Kumar v. The State of Bihar

Case brief

What is this about?

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What the court decided

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