Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 25363 of 2009 ====================================================== 1. Om Prakash Singh, son of Late Satya Narayan Singh. 2. Kamla Singh, son of Nathuni Singh uncle. 3. Dhrubpati Devi, wife of Kamla Singh. 4. Surendra Singh, son of Kamla Singh. 5. Rina Kumari, Daughter of Kamla Singh. All are resident of Village-Bankati Uttarbari Tola, P.S.-Baikunthpur, District-Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Sharda Devi, wife of Om Prakash Singh resident of village-Bankati Uttarbari Tola, P.S.-Baikunthpur, District-Gopalganj at present Sharda Devi, D/o Ramji Singh, resident of Village-Neuri Purbwari Tola, P.S.- Barauli, District-Gopalganj. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Singh Mr. Udit Narayan Singh, Adv. For the Opposite Party/s : Mr. R.B. Roy “Raman”, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 18.04.2012 The petitioners seek quashing of the entire proceeding including the order dated 25.05.2009 passed by the Judicial Magistrate, Gopalgnaj in Tr. No. 2426/2009 (Complaint Case No. 1495/2008) by which he has taken cognizance in the matter under [STATUTE] . The prosecution case is that the Opposite Party No. 2 was married with petitioner No. 1 but on account of non-fulfilment of demands of dowry she was tortured and ousted from the matrimonial home. She then filed a criminal case as well as an application for maintenance. Both the cases were compromised by which the petitioner No. 1 was directed to deposit a sum of Rs. 1 Lakh in the name of the Opposite Party No. 2 in the post-office. Thereafter the petitioner No. 1 brought the Complainant to her matrimonial home and they started living together happily. Later, the Petitioner No. 1 asked the Opposite Party No. 2 to give him the money he had deposited in her name to start a business but when she refused to do so they once Patna High Court Cr.Misc. No.25363 of 2009 (3) dt.18-04-2012 2 again tortured her and sent her home whereafter she is living in her parent’s house. It has been submitted on behalf of the petitioners that indeed the complainant had filed case under [STATUTE] and a proceeding under Section 125 Cr.P.C. and by way of compromise petitioner No. 1 paid her a sum of Rs. 1 Lakh deposited in the post- office at Gopalganj. Ever since then they were living separately. In the year 2008, the petitioner No. 1 filed a matrimonial case No. 53 of 2008 for obtaining a decree of divorce in which notices were issued to her. On receipt of the said notice the present complaint was filed for an ulterior motive so that some more money could be extracted from the accused persons. In any view of the matter, the averment that even after the compromise and payment of Rs. 1 Lakh they were living together is highly unbelievable. Notices were issued to the Opposite Party No. 2 who despite service of notice has chosen not to appear before this Court. Having gone through the background of the case which is admitted even in the complaint petition, I am inclined to hold that the complaint is absurd and unreliable. In view of such consideration, the application is allowed and the entire proceeding including the order dated 25.05.2009 passed by the Judicial Magistrate, Gopalgnaj in Tr. No. 2426/2009 (Complaint Case No. 1495/2008) is, hereby, set aside. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.