Patna High Court
Vikash Kumar vs State Of Bihar And Anr on 26 June, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11386 of 2017
Arising Out of PS. Case No.-175 Year-2016 Thana- NALANDA COMPLAINT CASE
District- Nalanda
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Vikash Kumar Son of Late Bijendra Sharma, Resident of Village- Kura, P.S.-
Ghosi, District- Jehanabad.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Dimple Kumar, Daughter of Arun Kumar, at present Village- Posanda, P.S.-
Hilsa, District- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv.
Mr. Mayank Raj, Adv.
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 26-06-2024
Heard learned counsel appearing for the parties.
2. This is an application for quashing the
order dated 16.11.2016 passed in compliant case no 175
of 2016 passed by learned Sub Divisional Judicial
Magistrate, Hilsa, Nalanda where cognizance for the
offence punishable under section 498(A) of Indian penal
code and Section 4 of Dowry Prohibition Act, was taken
against petitioner.
3. The brief fact of prosecution speaks that O.P.
No. 2 instituted a complaint case in the court of learned
Additional Chief Judicial Magistrate, Hilsa, Nalanda by
putting the name of petitioner, his mother and uncle with
Patna High Court CR. MISC. No.11386 of 2017 dt.26-06-2024
2/6
respect to occurrence said to have taken place on
30.04.2015
alleging therein interalia that she was married
with the petitioner on 30.04.2015 at Sun Temple, Hilsa as
per hindu rites and rituals. It is further stated that there
was no exchange of dowry in that marriage and after
completion of rituals couple approached the Notary Public
on 21.05.2015, whereby they sworn an affidavit regarding
solemnization of marriage. On that basis Notary Public
issued certificate regarding marriage. It is further stated
that after 21 days of marriage affidavit was sworn with the
statement that couple were living a happy conjugal life. It
is further stated that O.P. No. 2 went to her in-laws house
and they stayed there up to the date of notarized affidavit
and thereafter she returned to her parental home. It is
alleged that on the request of second marriage by the
parents of O.P. No. 2 all the named accused person
demanded a motorcycle in dowry from her parents and
when they showed their inability then O.P. No. 2 was
abused and assaulted and threatened that unless and until
Patna High Court CR. MISC. No.11386 of 2017 dt.26-06-2024
the demand of motorcycle had not been fulfilled she will
not be kept in her matrimonial home. O.P. No. 2 was
blessed with a daughter on 11.12.2015 and all the
accused came to see the new born but still at that time she
was tortured for dowry. It is further alleged that petitioner
got married and has two children and by concealing the
fact of earlier marriage he got married with O.P. No. 2 and
started torturing her for dowry. It is further alleged that all
the accused persons came at the parental home of O.P.
No. 2 on 10.03.2016 and tried to take away the child and
in that course took away the jewelry gifted by the parents
of O.P. No. 2 amounting Rs. 1 Lacs which was kept at the
rack of the room, which were a golden chain weighing 1.5
bhars, earring 1⁄2 bhar, nose ring, dholna and mangalsutra
weighing 1.5 bhars, and 16 bhars of silver which after
taking in a suitcase, taken away by the accused. However,
she succeeded in keeping the new born child with her and
further she was threatened that they( accused persons)
would not take her, in matrimonial home unless and until
Patna High Court CR. MISC. No.11386 of 2017 dt.26-06-2024
dowry demand will not fulfilled and if she attempted to go
then she would be killed. It is also stated that O.P. No. 2
approached the local police but they advised to file the
case in the court and thereafter complaint case has been
filed.
4. It is submitted by Mr. Ramakant Sharma,
learned senior counsel appearing on behalf of the
petitioner that admittedly in terms of the complaint
petition marriage of O.P. No. 2 with petitioner was
solemnized by subsisting his first marriage without getting
it dissolved from the court of law during the lifetime of his
first wife and as such the marriage of the complainant with
petitioner is void ab initio and in view of same she cannot
be said to be a legally wedded wife as to attract allegations
under Section 498(A) of the I.P.C.
5. It is submitted by the learned senior counsel
that as per complainant/O.P. No. 2, she solemnized her
marriage again with one Mr. Manoranjan Sharma, son of
Mr. Dinesh Sharma , resident of village- Nowaba toli
Patna High Court CR. MISC. No.11386 of 2017 dt.26-06-2024
Salarpur, P.S.- Sakurabad, district-Jehanabad, only when
the grievances as raised through present complaint petition
was settled between the parties. It is submitted that in
view of the the same the continuing process before the
learned trial court is only amount to abusing the process of
court of law and as such the impugned order/cognizance
must be set aside.
6. In support of aforesaid submissions, learned
counsel relied upon legal reports of Hon'ble Supreme Court
in the matter of Abhishek vs. State of Madhya
Pradesh as reported in 2023 SCC OnLine SC 1083.
7. Notice validly served upon Opposite Party No.
2, but failed to join proceedings.
8. Learned APP for the State opposed the prayer
for quashing petition.
9. In view of the aforesaid factual and legal
submission as subsequent to filing the present complaint
the complainant/O.P. No. 2 solemnized her marriage in
terms of annexure-P/3 of supplementary affidavit pressed
Patna High Court CR. MISC. No.11386 of 2017 dt.26-06-2024
on behalf of petitioner, continuing with aforesaid
proceedings before the learned trial court would only
amount to abuse of process of law hence, by taking
guiding note of Abhishek case (supra), the order of
cognizance dated 16.11.2016 with all its consequential
proceedings, qua, above named petitioner, arising thereof
as passed in connection with Complaint Case No. 175(c) of
2016 pending before the learned Sub-Divisional Judicial
Magistrate, Hilsa, Nalanda, is hereby quashed and set
aside.
10. Hence, this application stands allowed.
11. TCR (Trial Court Records), if any, be returned
to learned trial court alongwith the copy of this judgment.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.06.2024
Transmission Date 29.06.2024
