Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22132 of 2012 ====================================================== 1. Ajay Kumar, son of late Sudarshan Prasad, & 2. Urmila Devi, wife of late Sudarshan Prasad, Both resident of Mohalla- Park Road, Back of Jai Mata Di STD Booth, P.S.- Kadam Kuan, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar & 2. Radhika Devi alias Radhika Kumari alias Lalita Kumari, daughter of Sri Gopal Prasad, resident of Park Road, P.S.- Kadam Kuan, District- Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s: APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 16-10-2012 No one appears on behalf of the Petitioners. The Petitioners seek quashing of the order dated 02.04.2012 by which the Chief Judicial Magistrate, Patna, has taken cognizance in Kadam Kuan P.S. Case No.195 of 2011 (G.R. No.3093 of 2011) under [STATUTE] and ¾ of the Dowry Prohibition Act. The Petitioners are the elder brother and widowed mother-in-law of the Informant. In the First Information Report dated 04.07.2012, the Informant stated that she had married with Vijay Kumar on 09.11.2008 in Arya Samaj Mandir and the same was registered subsequently. However, later on, her husband became Account Clerk on compassionate ground after which he Patna High Court Cr.Misc. No.22132 of 2012 (4) dt.16-10-2012 2 / 3 2 and his family members started demanding dowry. On this allegation, the First Information Report was instituted. From the petition filed herein, it appears that in fact Vijay Kumar had conducted secret marriage with the Informant and the Petitioners were not in know of it. Earlier, Complaint Case No.1583-C of 2011 was filed by the Informant before the Chief Judicial Magistrate, Patna, in which the date of occurrence was mentioned from 10.03.2011 till 14.06.2011, whereas, in the present First Information Report no dates were mentioned. It is also submitted in the petition that Vijay Kumar had filed Matrimonial Case No.426 of 2011 on 14.06.2011 on the ground of cruelty in which notices were issued but despite service of notice she had chosen not to appear before the Principal Judge, Family Court, Patna, on account of which ex parte decree was granted on 28.11.2011. It is only when notices were received by the Informant that the Complaint/First Information Report were instituted by her. In fact, the said Vijay Kumar had given a Sanha on 17.06.2011 before the Officer-in-Charge, Kadam Kuan, P.S. that his wife is not discharging her marital obligation and coercing him to transfer the house which was in the name of his mother and when he refused to do so he was being severally tortured. Notices had been issued to the Opposite Party No.2 Patna High Court Cr.Misc. No.22132 of 2012 (4) dt.16-10-2012 3 / 3 3 but despite service of notice, she has chosen not to appear before this Court. Considering the background facts of the case and the relationship between the parties, I am inclined to allow the application. In view of such, the order dated 02.04.2012 passed by the Chief Judicial Magistrate, Patna, taking cognizance in Kadam Kuan P.S. Case No.195 of 2011 (G.R. No.3093 of 2011) under [STATUTE] and ¾ of the Dowry Prohibition Act is hereby quashed in so far as it relates to the Petitioners only. The application stands allowed. JA/- (Anjana Prakash, 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.