Case Facts:
Patna High Court Cr.Misc. No.30401 of 2010 (8) dt.19-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30401 of 2010 ====================================================== 1. Chandradeo Sah, S/O-Laxmi Sah resident of village Panchbir, p.s.- Sahebpur Kamal, District-Begusarai 2. Ram Krishna Sah, S/O-Ram Sawarop Sah, resident of village Medni Chowki, P.S.-Mednichawki, District- Lakhisarai 3. Nima Devi, W/O-Ram Krishna Sah, resident of village Medni Chowki, P.S.-Medni Chowki, District-Lakhisarai 4. Renu Devi, W/O-Chandradeo Sah, resident of villge Panchbir, p.s.- Sahebpur Kamal, District-Begusarai 5. Shobha Devi, W/O-Indradeo Sah resident of streed no. 6, holding no. 17 Kakinara District-24 Pargana, West Bengal .... .... Petitioner/s Versus 1. The State Of Bihar 2. Baby Devi, W/O-Shashikant Sah @ Batoran Sah, resident of village Bangalwa, P.S.-Dharhara, District-Munger .... .... Opposite Party/s ====================================================== For the petitioner :- Mr. Nakul Kumar Jamuar (Advocate) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 8 19-10-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State on the point of admission. None appeared on behalf of Opposite Party No. 2 in spite of service of notice. Petitioners have prayed for quashing the order dated 12.12.2006 passed by learned Sub Divisional Judicial Magistrate, Lakhisarai in G. R. No. 754 of 2002 arising out of Lakhisarai P.S. Case No. 303 of 2002 initially, registered under [STATUTE] and ¾ of Dowry Prohibition Act but later on, [STATUTE] was also added. Undisputedly, petitioners are in-laws of the informant Patna High Court Cr.Misc. No.30401 of 2010 (8) dt.19-10-2012 who stated in her written report that her marriage was solemnized with accused, Shashikant Sao @ Batoran Sao on 30.05.2001 but when she went to her in-laws’ house, she was subjected to harassment and cruelty in both ways mentally and physically on account of non-fulfilment of dowry demand and subsequently, she was ousted from her matrimonial home. On the basis of written report of Opposite Party No. 2, above stated Lakhisarai P.S. Case No. 303 of 2002 was registered against the petitioners and other accused including the husband of Opposite Party No. 2 for the offences punishable under sections as stated above. In course of trial, a discharge petition was filed on behalf of the petitioners but the aforesaid discharge petition was rejected by the learned Sub Divisional Judicial Magistrate, Lakhisarai passing impugned order dated 12.12.2006 against which this quashing petition has been filed. Learned counsel for the petitioners submits that husband of the Opposite Party No. 2 filed Cr. Misc. No. 12852 of 2007 and the aforesaid criminal miscellaneous case was allowed and accordingly, order dated 12.12.2006 was quashed by another Bench of this Court vide order dated 06.05.2009 on the ground that much prior to filing of present case, the husband of Opposite Patna High Court Cr.Misc. No.30401 of 2010 (8) dt.19-10-2012 Party No. 2 had already filed divorce suit which was decided and the marriage between Opposite Party No. 2 and her husband had already dissolved and continuance of prosecution of husband of Opposite Party No. 2 would amount to abuse of process of the court. In the aforesaid background, learned counsel for the petitioners submits that no specific overt-act has been attributed against these petitioners and petitioners are distant relative of husband of Opposite Party No. 2, so, the continuance of prosecution of the petitioners is nothing but only an abuse of process of the court. Learned Additional Public Prosecutor appearing for State could not succeed to controvert the above stated submission. As I have already stated that none appeared on behalf of Opposite Party No. 2 to controvert the above stated submissions. In view of the aforesaid facts and circumstances as well as submissions of the parties, this quashing petition is allowed on admission stage itself and accordingly, the impugned order dated 12.12.2006 passed by learned Sub Divisional Judicial Magistrate, Lakhisarai in G. R. No. 754 of 2002 arising out of Lakhisarai P.S. Case No. 303 of 2002 is, hereby, quashed. Patna High Court Cr.Misc. No.30401 of 2010 (8) dt.19-10-2012 In the aforesaid manner, this quashing petition stands disposed off on admission stage itself. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.