Patna High Court
Prince Kumar vs The State Of Bihar on 14 May, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32725 of 2025
Arising Out of PS. Case No.-60 Year-2022 Thana- SAHPUR District- Patna
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Prince Kumar, S/o Anil Kumar Singh, R/o Mathiyapur, P.S.- Shahpur,
District- Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Kashish Ray, D/o Gauri Shankar Prasad, R/o Village- Pacfhu Chak, Ara
Machine, P.S.- Danapur, District- Patna
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate
Mr. Rakesh Kumar Sharma, Advocate
Mr. Mayank Raj, Advocate
Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 14-05-2025
Heard learned counsel for the petitioner and learned
APP appearing for the State.
2. The present application has been filed by the
petitioner for quashing of the order dated 14.08.2023 passed
by learned Judicial Magistrate-1st Class, Danapur in Shahpur
P.S. Case No.60 of 2022 (G.R. No.441 of 2022), whereby
the learned jurisdictional Magistrate has taken cognizance of
the offence punishable under Section 498-A of the Indian
Penal Code (in short 'IPC') against the petitioner.
3. The case of prosecution in brief as per
Patna High Court CR. MISC. No.32725 of 2025 dt.14-05-2025
2/4
informant/O.P. No.2, namely, Kashish Ray solemnized court
marriage on 21.01.2021 with petitioner namely, Prince
Kumar and after the marriage, the husband of the informant
kept her in a rented house at Saguna More, Patna and,
thereafter, the petitioner, Mr. Priyanjal Kumar (Dewar),
Munni Devi (mother-in-law), Priyanka Kumari (Nanad) and
Bhushan Singh (grandfather) started demanding Rs. 10 Lakhs
as dowry, which was refused to pay whereafter, accused
persons/petitioner started assaulting and torturing the
informant and ousted her from the rented house.
4. On the basis of aforesaid written complaint, the
police registered Shahpur P.S. Case No.60 of 2022 dated
09.02.2022
for the offences punishable under Section 498-A
of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
5. It is submitted by Mr. Ramakant Sharma,
learned senior counsel appearing for the petitioner that the
marriage between the petitioner and O.P. No.2 already
dissolved by way of mutual consent under Section 28 of the
Special Marriage Act, 1954, vide judgment and decree dated
10.03.2025 and 21.03.2025 respectively passed by learned
Patna High Court CR. MISC. No.32725 of 2025 dt.14-05-2025
Principal Judge, Family Court, Patna in Matrimonial (Mutual
Divorce) Case No.492 of 2024, where in paragraph no.7 it
has been categorically stated that parties have settled all their
claims and disputes amicably in respect of maintenance
(present, past and future) and permanent alimony. It is
further submitted that since the marriage between the parties
have already dissolved and both parties have settled all their
claims and disputes amicably in respect of
maintenance/permanent alimony against one-time payment
of Rs.15,00,000/- (Rupees Fifteen Lakhs), which is already
received by O.P. No.2, continuing with present criminal
proceeding before trial court would be only amount to abuse
of the process of court of law.
5. Taking note of aforesaid judgment, this court is
of the view that there is no need to issue notice to O.P. No.2.
6. Considering the factual submissions and by
taking note of fact as the marriage between the parties has
already dissolved and both parties have settled all their claims
and disputes amicably in respect of maintenance/permanent
alimony of Rs.15,00,000/- (Rupees Fifteen Lakhs), which was
Patna High Court CR. MISC. No.32725 of 2025 dt.14-05-2025
duly received by O.P. No.2 before trial court itself, as
discussed above, continuing with present criminal proceeding
before trial court would only amount to abuse of the process
of court of law.
7. Accordingly, the impugned order taking
cognizance dated 14.08.2023 qua petitioner as passed by
learned Judicial Magistrate-1st Class, Danapur in Shahpur
P.S. Case No.60 of 2022 (G.R. No.441 of 2022), is hereby
quashed/set aside.
8. The application stands allowed.
9. Let a copy of this order be communicated to the
court below immediately.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15-05-2025
Transmission Date 15-05-2025
