Patna High Court
Mahesh Yadav @ Mahesh Prasad Yadav 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.42679 of 2024
Arising Out of PS. Case No.-178 Year-2021 Thana- SABAUR District- Bhagalpur
======================================================
1. Mahesh Yadav @ Mahesh Prasad Yadav S/O Chutar Yadav R/O Mohalla-
Daudwat, P.S- Habibpur, Distt.- Bhagalpur.
2. Partima Devi W/O Mahesh Yadav @ Mahesh Prasad Yadav R/O Mohalla-
Daudwat, P.S- Habibpur, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nitu Kumari D/o Dhuri Yadav R/O Village- Lailakh, P.S- Sabour, Distt.-
Bhagalpur.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 54781 of 2024
Arising Out of PS. Case No.-178 Year-2021 Thana- SABAUR District- Bhagalpur
======================================================
Vimal Kumar @ Vimal Yadav @ Aman Yadav Son of Mahesh Yadav @
Mahesh Prasad Yadav R/o Village- Daudwat, P.S.- Habibpur, Dist-
Bhagalpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nitu Kumari Daughter of Dhuri Yadav, R/o Village- Lailakh, P.S.- Sabour,
Dist- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 42679 of 2024)
For the Petitioner/s : Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Dinesh Singh, APP
(In CRIMINAL MISCELLANEOUS No. 54781 of 2024)
For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 14-05-2025
Heard learned counsel appearing on behalf of the
parties.
2. The present application has been preferred by the
Patna High Court CR. MISC. No.42679 of 2024 dt.14-05-2025
petitioners for quashing the order dated 11.09.2023 passed
by the learned Chief Judicial Magistrate, Bhagalpur, in
connection with Sabour P.S. Case No. 178 of 2021 where
learned Magistrate took cognizance against petitioners for the
offences punishable under Sections 341, 323, 498A, 504,
506/34 of the Indian Penal Code and Section ¾ of the Dowry
Prohibition Act.
3. The case of the prosecution in brief is that
informant/O.P. No. 2, namely Nitu Kumari solemnized love
marriage with petitioner Vimal Kumar @ Vimal yadav @ Aman
Yadav. It is alleged further that after two months of marriage
her husband, father-in-law, Mahesh Prasad Yadav, mother-in-
law, Pritama Devi, started torturing her and raised demand of
dowry for Rs. 2 lacs, motor cycle and one Bigha of land and,
thereafter, threatened that if aforesaid demands were not
fulfilled will solemnized second marriage of their son. It is also
stated that her father had already given jewelry of Rs.
70,000/- and now he is not in position to give any dowry. She
further alleged that she was ousted from her matrimonial
house and, thereafter anyhow she reached her father's house.
Patna High Court CR. MISC. No.42679 of 2024 dt.14-05-2025
She further alleged that on 12.7.2021 at 4.00 P.M. her
husband called her and threatened to kill her in case of non-
fulfillment of demand of dowry
4. Learned counsel for the petitioners without
arguing available merits, submitted that the matter
compromised between the parties against sum of Rs. 4.5 lacs,
which was paid to opposite party no. 2. It is submitted that
payment was made against gifts, which was given by parents
of opposite party no. 2, before solemnization of marriage.
5. The factum of compromise also approved by
learned counsel Ms. Kshem Sharma, appearing for the
opposite party no. 2. She also affirmed that opposite party no.
2 never solemnized marriage with son of petitioners, namely
Vimal Yadav.
6. In view of compromise as aforesaid,
continuation of this proceedings before the learned trial court
would amount to abuse of process of court of law. Accordingly,
order of cognizance dated 11.09.2023 passed by the learned
Chief Judicial Magistrate, Bhagalpur, against petitioners and
other co-accused persons in connection with Sabour P.S. Case
Patna High Court CR. MISC. No.42679 of 2024 dt.14-05-2025
No. 178 of 2021, is hereby set aside and quashed to secure
ends of justice with all its consequential proceedings.
7. Accordingly, present quashing petition stands
allowed.
8. Let a copy of this judgment be sent to the learned
trial court/concerned court forthwith.
(Chandra Shekhar Jha, J)
veena/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2025
Transmission Date 14.05.2025
