Case Facts:
Patna High Court Cr.Misc. No.2103 of 2012 (2) dt.13-04-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2103 of 2012 ====================================================== 1. Raju @ Jai Shankar Dubey S/O Bhola Dubey R/O Village / Mohalla - M.P. Bagh Jai Hindi Nagar Colony, P.S. Ara Town, Distt. - Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner : Mr. Sanjay Kumar Ojha, Advocate For the State : Mr. Awadhesh Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 13-04-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed off at the admission stage itself without issuance of notice to informant of Ara Town P.S. case no. 109/2011. Petitioner has filed this petition under section 482 of the Cr.P.C, for quashing the order dated 26.9.2011 passed by Sub divisional Judicial Magistrate, Ara in GR no. 1103/2011, Trial no. 3649/2011 arising out of Ara Town P.S. case no. 109/2011 registered under [STATUTE] and 3/ 4 of the D.P. Act by which he took cognizance under [STATUTE] and 3/ 4 of the D.P. Act against the petitioner and others. Briefly stated fact of this case is that Ragni Devi wife of the petitioner filed a written report to the Officer Incharge of Ara Town police station district Bhojpur alleging therein that her marriage was solemnized with the petitioner on 29.6.2009 but she was subjected to cruelty and harassment in both ways physically and mentally on account of non- fulfilment of illegal demand in dowry. Patna High Court Cr.Misc. No.2103 of 2012 (2) dt.13-04-2012 2 On the basis of the aforesaid written report of the aforesaid Ragni Devi the above stated Ara Town P.S. case no. 109/2011 was registered under [STATUTE] and 3/ 4 of the D.P. Act against the petitioner and others. The concerned police, after due investigation, submitted charge sheet against the petitioner and two others whereas rest FIR named accused persons were not sent up for trial. The learned Sub divisional Judicial Magistrate, passing the impugned order dated 26.9.2011, took cognizance after going through the materials available on charge sheet and its connected papers. Being aggrieved of the aforesaid order dated 26.9.2011, petitioner came before this court and sought help of this court under section 482 of the Cr.P.C Learned counsel appearing for the petitioner submits that the informant is a lady of unsound mind and the marriage of the informant was solemnized with the petitioner when she was minor and, therefore, the aforesaid marriage was not valid. It is further contended by him that prior to filing of the aforesaid Ara Town P.S. case no. 109/2011, petitioner had filed matrimonial suit for divorce and when the informant got knowledge of the above stated suit, she filed the present case with concocted story. It is further contended by him that father of petitioner had filed informatory petition much earlier before institution of the present case. All the aforesaid contentions are matters of trial and it is not proper stage to give any finding on the aforesaid contentions. Moreover, without collection of evidence, it is not possible to give any verdict regarding the above stated contentions, and in my view, all the above stated factual aspects can be verified in course of trial and, Patna High Court Cr.Misc. No.2103 of 2012 (2) dt.13-04-2012 3 therefore, in my opinion, this petition is devoid of merit. Accordingly, this petition stands dismissed on admission stage itself. Shahid/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.