Patna High Court
Shyam Nandan Singh vs The State Of Bihar on 19 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 45498 of 2022
Arising Out of PS. Case No.-495 Year-2013 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. SHYAM NANDAN SINGH SON OF LATE JAGDISH SINGH R/O
VILLAGE- BHARKURIYA KALA, POST OFFICE AND P.S.- SIRPURA,
DISTRICT- ROHTAS
2. URMILA DEVI WIFE OF SHYAM NANDAN SINGH R/O VILLAGE-
BHARKURIYA KALA, POST OFFICE AND P.S.- SIRPURA, DISTRICT-
ROHTAS
... ... Petitioner/s
Versus
1. The State of Bihar
2. PRIYANKA KUMARI WIFE OF PINKU KUMAR SINGH @ PINKU
KUMAR, D/O RAJESH SINGH R/O MOHALLA- RAMJICHAK, DIGHA
BASTAGANJ, GANDHI ROAD, P.S.- DANAPUR, DISTRICT- PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr Ashok Kumar Singh, Advocate
For the S t a t e : Mr Pranav Kumar, APP
For Opposite Party No 2 : NONE
======================================================
CORAM: HONOURABLE MR JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
Date : 19-10-2023
It is submitted that petitioner No 1 Shyam Nandan Singh
died during pendency of this quashing application.
2 Accordingly, this quashing application, in so far as
petitioner No 1 Shyam Nandan Singh is concerned, is dismissed.
3 Heard learned counsel for the petitioner and the
learned APP.
Patna High Court CR. MISC. No.45498 of 2022 dt.19-10-2023
4 This case was taken up on 17.10.2023 when no one
had appeared on behalf of Opposite Party No 2. Thereafter, the
case was again taken up on 18.10.2023 when also none had
appeared on behalf of Opposite Party No 2. Today, when the
matter is taken up, again no one appears on behalf of Opposite
Party No 2. As such, the Court cannot wait endlessly for the
appearance of learned counsel for Opposite Party No 2. Hence,
the Court proceeds to decide the case on its own merit.
5 The learned counsel for the petitioner submits that the
present quashing application has been filed seeking quashing of
the order dated 04.09.2013 passed by the learned SDJM, Danapur
in connection with Complaint Case No 495C of 2013, whereby
cognizance of offence under Sections 498A and 323 of IPC read
with Section 4 of Dowry Prohibition Act, has been taken.
6 Learned counsel for the petitioners next submitted that
petitioner is mother-in-law of Opposite Party No 2 and the
Opposite Party No 2 had instituted the aforesaid complaint case
alleging that she was married with Pinku Kumar Singh @ Pinku
Kumar on 11.03.2012 and at the time of marriage, gift of Rs
2,50,000/- in cash wash given along with clothes, ornaments etc.
It is next alleged that after marriage, the conduct of the accused
persons including the petitioner towards her changed and they
Patna High Court CR. MISC. No.45498 of 2022 dt.19-10-2023
started pressurizing her to bring Rs 3 lacs for purchasing a Maruti
Car otherwise they will oust her from her matrimonial home and
on expressing her inability, they assaulted her. It is further alleged
that her parents came and pacified the issue but later her husband
again started tormenting her and used to show her inappropriate
films and also assaulted causing injury on her hand for which she
was taken for treatment on intervention of the neighbours,
however, somehow she stayed in her matrimonial home for three
months but still the nature of her husband did not change. It is
next alleged that she went to her parental home where her husband
also came on request of her uncle and brother but there also, the
behaviour of her husband remained the same.
7 It is submitted that from perusal of the allegations, as
alleged in the FIR, it would be manifest that the allegations are
general and omnibus in nature against the petitioner. It is next
submitted that petitioner, being mother-in-law of Opposite Party
No 2, has been falsely implicated only with a view to coerce her
husband into submission so that an amicable settlement is reached
in between Opposite Party No 2 and her husband. It is next
submitted that whenever any dispute arises in between the husband
and the wife, the entire family members are being implicated in a
mechanical manner with general and omnibus allegations.
Patna High Court CR. MISC. No.45498 of 2022 dt.19-10-2023
Learned counsel next submits that the father-in-law of Opposite
Party No 2 died because of shock which he received after the case
was filed as he was also suffering from ailment. It is next
submitted that petitioner is a widow and there is no specific
allegation against her and thrust of the allegation is against the
husband of Opposite Party No 2, as such, allowing the criminal
case to continue would be an abuse of the process of the Court.
8 Learned APP opposes the quashing application.
9 Considering the submissions, the order dated
04.09.20213 passed by the learned SDJM, Danapur in Complaint
Case No 495C of 2013 whereby cognizance of offence under
Sections 498A and 323 of IPC read with Section 4 of Dowry
Prohibition Act has been taken, is hereby quashed.
10 This application is allowed.
(Satyavrat Verma, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.10.2023
Transmission Date 22.10.2023
