Patna High Court
Alok Ranjan Sahay @ Alok Kumar Sahay @ ... vs The State Of Bihar on 1 July, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39794 of 2025
Arising Out of PS. Case No.-1252 Year-2017 Thana- PATNA COMPLAINT CASE District-
Patna
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1. Alok Ranjan Sahay @ Alok Kumar Sahay @ Bittu Son of Late Naval Kishor
Sahay Resident of Village and P.O - Done, P S Darauli District Siwan, PIN
841235
2. Raj Rani Sahay @ Raj Rani Wife of Late Naval Kishor Sahay Resident of
Village and P.O - Done, P S Darauli District Siwan, PIN 841235
3. Arbind Ranjan Sahay @ Arvind Kumar Sahay Son of Late Naval Kishor
Sahay Permanent Address Resident of Village and P.O - Done, P S Darauli
District Siwan, PIN 841235
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rachna Priya D/O Sri Rakesh Kumar Sinha Presently Residing At Flat no.
302 , Jayanti Nilayam Apartment , Rd no.- 15 , Indrapuri, P.S - Patliputra
Distt.- Patna, PIN- 800024
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Helal Ahmad
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 01-07-2025
1. Heard learned counsel appearing on behalf of
the parties.
2. Present petition is being filed by the petitioners
for quashing the order dated 09.04.2025 passed in Complaint
Case No. 1252(c) of 2017 dated 21.04.2017 by learned
SDJM, Patna, whereby application filed for discharge from the
prosecution of offences under Section 498A of the IPC and
Patna High Court CR. MISC. No.39794 of 2025 dt.01-07-2025
under Section 3/4 of D.P. Act in Complain Case No. 1252 (c)
of 2017 dated 21.04.2017 has been disposed of with a
direction to the petitioners to remain physically present for
framing of charge.
3. As per prosecution story, in brief, O.P. No.2
solemnized marriage with petitioner no.1 namely Alok Ranjan
Sahay @ Alok Kumar Sahay @ Bittu on 28.01.2013
according to Hindu rites and customs. The complainant/ O.P.
No. 2 after marriage lodged present complaint alleging that
petitioner no. 1 is a rude and eccentric mind person. The
complaint further alleged that petitioner no. 1 was not
physically competent to establish physical relation with her
and used to torture her for cash and articles and because of
the alleged occurrence present complaint case was lodged
against 12 accused persons including petitioner.
4. Learned counsel appearing for the petitioner
while arguing on the point of admission without exploring
merit submitted that the matter appears compromised
between the parties and they resolved their issues. It is
pointed out that the petitioner no. 1/ husband and O.P. No. 2
Patna High Court CR. MISC. No.39794 of 2025 dt.01-07-2025
dissolved their marriage under their mutual consent as per
provisions available under Section 13B of the Hindu Marriage
Act, 1955, where O.P. No. 2 namely, Rachna Priya received
permanent alimony of Rs. 27,00,000/- (Rupees Twenty
Seven Lakh). During course of argument the learned counsel
referred Annexure-7, where O.P. No. 2 expressed her
willingness as to quash the present case in the background of
the compromise as submitted aforesaid. Petitioner no. 2 and 3
are in-laws.
5. In view of aforesaid, this Court is of view that
there is no need to issue notice to O.P. No. 2.
6. Out of submissions and perusal of record
particularly the impugned order, it transpires that the prayer
of discharge was rejected by the learned trial court only for
the reasons that the offence punishable under Section 498A
of the IPC is not legally compounded and same not falls within
the ambit of schedule attached to Section 320 of the Cr.P.C.
7. Let it be so, as parties resolved their disputes
and differences amicably as discussed aforesaid, continuing
the pending proceedings before the learned court below would
Patna High Court CR. MISC. No.39794 of 2025 dt.01-07-2025
only amount to abuse of court of process of law.
8. Accordingly the impugned order of cognizance
dated 09.04.2025 passed by learned SDJM Patna in
Complaint Case No. 1252(c) of 2017 qua petitioners is
hereby quashed/set aside, with all its consequential
proceedings.
9. Accordingly, the petition stands allowed.
10. Let a copy of the judgment be sent to the
learned trial court forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.07.2025
Transmission Date 02.07.2025
