Patna High Court - Orders
Digambar Jha @ Bolbom & Ors. vs State Of Bihar & Anr on 16 September, 2014
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8881 of 2014
Arising Out of C.A. No. -637 Year- 2012 District- PURNIA
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1. Digambar Jha @ Bolbom, Son Of Late Madhav Jha
2. Santosh Jha @ Santosh Kr. Jha Son Of Digambar Jha @ Bolbom
3. Jawahar Jha Son Of Digambar Jha @ Bolbom
4. Gulab Devi Wife Of Digambar Jha @ Bolmom
All Are Resident Of Village- Raghunathpur, Dakhin (Paikhmar), P.S.
Bhargama, District- Araria
5. Anant Kumar Son Of Surender Thakur Resident Of Village- Nathpur,
P.S. Rupauli, District- Purnia
6. Santosh Kumar Jha Son Of Gouri Shankar Jha Resident Of Village-
Sukhia, P.S.- Janki Nagar, District- Purnia
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Nikki Jha Wife Of Babu Saheb Resident Of Village- Raghunathpur,
Dakhin (Paikhmar), P.S. Bhagrama, District- Araria
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhramveer
For the State : Mr. Rajendra Nath Jha(APP)
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
5 16-09-2014Heard learned counsel for the Petitioners and the State.
The Petitioners who are the in-laws of the Opposite Party No. 2 seek quashing of the proceeding including the order of cognizance dated 5.4.2013 passed by the Sub Divisional Judicial Magistrate, Purnea, in connection with C.A. No. 637 of 2012 so far as it relates to them.
The case of the Complainant is that she was married to Babu Saheb on 24.6.2005 on which occasion a large number of gifts were given to the in-laws. However, they started demanding Patna High Court Cr.Misc. No.8881 of 2014 (5) dt.16-09-2014 2/3 more dowry and, thereafter, started threatening and torturing her for non-fulfillment of the same. Finally, she was ousted from the house on 3.2.2012.
It has been submitted on behalf of the Petitioners that the fact of the matter is that the Petitioners were living separately and had nothing to do with the domestic relationship of the Complainant and from the narrative of the Complaint petition, it appears that the main grouse was against the husband.
On the other hand, the counsel for the Complainant submits that since the matter of the husband and the Opposite Party No. 2 has been referred to the Mediation Centre for final settlement, the present application be kept pending.
On going through the facts of the Complaint petition, I have no manner of doubt that putting the present Petitioners on Trial would be an exercise in futility in absence of any cogent material against them.
Hence, the application is allowed and the proceeding including the order of cognizance dated 5.4.2013 passed by the Sub Divisional Judicial Magistrate, Purnea, in connection with C.A. No. 637 of 2012 so far as it relates to the present Petitioners is, hereby set aside.
However, this order shall not prejudice the dispute Patna High Court Cr.Misc. No.8881 of 2014 (5) dt.16-09-2014 3/3 between the husband and the wife.
S.Ali/- (Anjana Prakash, J) U T