Patna High Court
Anil Kumar @ Anil Singh vs The State Of Bihar on 27 February, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25567 of 2021
Arising Out of PS. Case No.-46 Year-2019 Thana- VAISALI COMPLAINT CASE District-
Vaishali
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1. Anil Kumar @ Anil Singh son of Late Chandrashekhar Singh Resident of
village- Jagodih, P.S- Sarai, Dist- Vaishali at Hajipur
2. Snehlata Devi wife of Anil Kumar @ Anil singh Resident of village-
Jagodih, P.S- Sarai, Dist- Vaishali at Hajipur
3. Adhip Kumar singh @ Chunnu Singh son of Late Chandrashekhar Singh
Resident of village- Jagodih, P.S- Sarai, Dist- Vaishali at Hajipur
4. Nutan Devi @ Guriya wife of Adhip Kumar Singh @ Chunnu Singh
Resident of village- Jagodih, P.S- Sarai, Dist- Vaishali at Hajipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Devi @ Rani Devi wife of Late Abhijeet Kumar Resident of village-
Jagodih, P.S- Sarai, Dist- Vaishali at Hajipur at present D/O Late Bijay
Thakur, Resident of village- Mani Bhakurhar P.S- Sarai Dist- Vaishali At
Hajipur
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv
: Mr. Lakshmi Kant Sharma, Adv
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
For the O.P. No. 2 : Mr. Harish Kumar, Adv
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 27-02-2025
Heard Mr. Ramakant Sharma, learned senior
counsel appearing on behalf of the petitioner and Mr. Harish
Kumar, learned counsel for O.P. No. 2.
2. Petitioner No. 1 Anil Kumar @ Anil Singh is
Patna High Court CR. MISC. No.25567 of 2021 dt.27-02-2025
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physically present before this Court.
3. It was not disputed by Petitioner No. 1 that O.P.
No. 2 was the only wife of his deceased son namely Abhijeet
Kumar, who was working as Loco Pilot with Indian Railways at
the time of his death in Brajrajnagar, Bilaspur Division,
Chhattisgarh. Petitioner No. 1 further made statement that he
has no objection if O.P. No. 2 get compensatory job with
Indian Railways on compassionate basis due to death of his
son namely Abhijeet Kumar or any financial benefit arising out
of his said service.
4. In view of aforesaid submission Mr. Harish
Kumar, learned counsel for O.P. No. 2 did not object the
present quashing petition.
5. Upon perusal of record, it appears that present
quashing petition has been preferred to quash the order dated
09.04.2019
in Complaint Case No. 46 C of 2019 arising out
of Trial No. 2301 of 2020 (Puja Devi Vs. Abhijeet Kumar and
others) passed by learned Judicial Magistrate, 1 st Class
Vaishali at Hajipur for the offences punishable under Sections
323, 341, 343, 324, 494 and 498A/34 of the Indian Penal
Patna High Court CR. MISC. No.25567 of 2021 dt.27-02-2025
Code and Section 4 of the Dowry Prohibition Act.
6. It appears that all petitioners are in-laws and
facing prima-facie general and omnibus allegation qua cruelty
as alleged by O.P. No. 2.
7. It is an admitted position that the husband of
O.P. No. 2 was working with Indian Railways and as per
Petitioner No. 1 Anil Kumar @ Anil Singh/father, he died in
the year 2020 (27.08.2020) out of his illness. Now, in view of
statement as made by Petitioner No. 1/father-in-law of O.P.
No. 2 before this Court, O.P. No. 2 appears satisfied having
no grievance to quash the present cognizance order.
8. In view of aforesaid factual discussions and in
view of aforesaid statement as made by Petitioner No. 1
before this Court, out of which O.P. No. 2 appears satisfied,
impugned order of cognizance dated 09.04.2019, with all its
consequential proceedings, qua, all above named petitioners
arising thereof as passed in Complaint Case No. 46 C of 2019
(Trial No. 2301 of 2020), pending before learned Judicial
Magistrate, 1st Class, Vaishali at Hajipur is hereby quashed
and set aside.
Patna High Court CR. MISC. No.25567 of 2021 dt.27-02-2025
9. Hence, this application stands allowed.
10. TCR (Trial Court Records), if any, be returned to
the learned Trial Court alongwith the copy of this order.
S.Tripathi/- (Chandra Shekhar Jha, J.)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.02.2025
Transmission Date 27.02.2025
