PATNA, India, Oct. 28 -- Patna High Court issued the following judgment on Oct. 7:
Heard learned counsel appearing on behalf of the petitioners; learned counsel for the opposite party no. 2 and learned APP for the State.
2. The present application has been filed under Section 482 Cr.P.C. for quashing of the order dated 08.01.2018 passed in Babubarhi P.S. Case No. 73 of 2017 by the learned A.C.J.M., V, Madhubani, whereby cognizance has been taken under Sections 498(A)/504 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act.
3. The allegation is of subjecting the daughter of the opposite party no.2 to various sorts of torture due to nonfulfillment of the demand of the dowry.
4. Learned counsel appearing on behalf of the petitioners submitted that the entire family members of the husband of the victim (daughter of opposite party no.2 ) have been made accused. He further submitted that after investigation, the police, having found no evidence against the present petitioners, who are family members of the daughter of the opposite party no. 2, who got married with one Shyam Narayan Yadav, have submitted charge-sheet only against the son-in-law of the opposite party no. 2 and exonerated the petitioners from the charges levelled against them. In support of his submission, learned counsel has relied upon a recent judgment passed by the Apex Court in the case of Mange Ram Vs. State of Madhya Pradesh & Another (Special Leave Petition (Criminal) No.10817 of 2024). He further submitted that learned Magistrate after deferring with the police report took cognizance against the petitioners under Sections 498(A)/504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and seeks quashing of the entire proceeding pending against the petitioners.
5. Per contra, learned counsel appearing on behalf of the opposite party no. 2 submitted that no interference can be made by this Court in view of the cognizable offence made against the petitioners, who have subjected the daughter of the opposite party no. 2 to cruelty of various sorts for non fulfillment of demand of dowry and had also kicked her out from her matrimonial house. Learned counsel further submitted that the husband of the petitioner has restrained himself because of illegal act committed by the petitioners by interfering in the matrimonial relationship between the daughter of the informant leading to lodging of the FIR in connection with Babubarhi P.S. Case No. 73 of 2017. He submitted that in view of the fact that prima facie case is made out against the petitioners, the present quashing application is fit to be dismissed.
6. Heard the parties. 7. Having considered the rival submissions made on behalf of the parties, as well as, the fact that aggrieved by the criminal act of the petitioners, the father of the victim has lodged a criminal case against the petitioners including his sonin-law, who is not the petitioner in the present case. However, no information regarding relationship of the petitioners with the son-in-law of the opposite party no. 2 has been given in the present application.
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