Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3872 of 2011 ====================================================== 1. Minakshi @ Pinki @ Minakshi Sharma, W/O Sanjay Sharma and D/O Prem Kumar Sharma, Resident of Apartment No. 10, 130 Turn Pike Road, Chelmsford, Boston U.S.A. 2. Jyoti Sharma, W/O Gautam Raj and D/O Prem Kumar Sharma, Resident of IInd Floor No. 2, 7th Main Towards Rama Temple, Down, Ajipura, Vivekanagar, Post Bangalore. 3. Vivkas Kumar Sharma, son of Prem Kumar Sharma, resident of Vipin Garden Kakrola More, New Delhi, all permanent resident of Kamlayan, North Mandiri, Police Station-Budha Colony, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Annapurna Sharma, wife of Prashant Sharma, resident of Village- Madhavpur, P.S. Basdeopur, District- Munger. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Alamdar Hussain, Mr. Syed Asgher Najimi, Advocates. For the Opposite Party No.2: Mr. Dhirendra Nath Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 5 01-11-2012 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for opposite party no.2. 2. This application has been filed for quashing the order dated 4.12.2010 passed in Complaint Case No.90© of 2010 by the Sub Divisional Judicial Magistrate, Munger by which he has taken cognizance against the petitioners under [STATUTE] and Sections ¾ of the Dowry Prohibition Act. Patna High Court Cr.Misc. No.3872 of 2011 (5) dt.01-11-2012 2 3. From the complaint petition it appears that opposite party no.2, namely, Annapurna Sharma, was married to Prashant Sharma, accused no.1 on 11.7.2008 as per Hindu rites and at the time of marriage it has been alleged that an amount of Rs. 4,05,000/- was given in addition to Rs.1,00,000/- cash and ornaments having costs of Rs.2,00,000/- with other articles. It has further been alleged that husband of opposite party no.2 was employed in H.D.F.C. Bank at Durgapur and after solemnization of marriage she started living with her husband but good relation could not survive as the accused persons were/are greedy persons. They were required to have some more money and articles. On 15.7.2008 the mother-in-law, Kanchan Mala Sharma, Nanad, Minakshi alias Pinki and Jyoti Sharma started abusing her parents, teasing and taunting her for bringing less amount of dowry. Opposite party no.2 objected behaviour of the aforesaid persons whereupon mother-in-law and sister-in-law started abusing opposite party no.2. It has further been alleged that husband, father-in- law and brother-in-law(Debar) were also hurling abuses and demanding an amount of Rs.5,00,000/-. It has further been alleged, time to time they were perpetrating torture to her Patna High Court Cr.Misc. No.3872 of 2011 (5) dt.01-11-2012 3 physical and mental, at the end, the father of the complainant having no way out paid an amount of Rs. 1,75,000/- in different installments. After she was blessed with a girl child on 5.8.2009 the accused persons allowed opposite party no.2 to go to her parents house but mental torture to the complainant continued as they obtained statement on a paper that she was going to parents house of her own will. It has further been alleged that parents of the complainant requested her husband to visit but he put condition that he would go there subject to payment of Rs.5,00,000/-. On the assurance of her father, husband of the complainant came to Munger where the husband demanded the dues amount. It has further been alleged that the husband assaulted the complainant in the night and also abused. The father of the complainant managed Rs.1,00,000/-, paid to her husband who left for Patna. In the complaint petition number of allegations have been made against the husband and also claimed that on 8.11.2009 while she was preparing the tea the mother-in-law with an intention to kill her kept the edge of Ordhani over the fire. When she questioned the action, mother-in-law and father-in-law replied very roughly, this act would continue further against her. She made complaint to the Budha Colony Patna High Court Cr.Misc. No.3872 of 2011 (5) dt.01-11-2012 4 police station but the matter was hushed up by the In-charge of the police station. It has been alleged that on 10.11.2009 parents of the complainant came to Patna but they were not allowed to meet her daughter. But on the contrary the husband asked the complainant to do what his parents asked her, otherwise she would face bad consequences. It has further been alleged that on 11.11.2009 with the help of well wishers she could leave the husband’s place but the complainant was continued to be threatened by them. In paragraph 12 of the complaint petition it has been alleged that sister-in-law (Nanad) and Nandoshi were threatening the complainant on phone and asked the complainant to pay the amount otherwise it was very difficult for her to live in the husband’s place. On the basis of the aforesaid complaint petition, solemn affirmation including the evidence of supporting witnesses the court below took cognizance under [STATUTE] and Sections ¾ of the Dowry Prohibition Act. 4. The order of cognizance has been challenged making statement that petitioner no.1 is married sister-in-law and was/is living in America. Similarly petitioner no.2 is also married sister- in-law and has been working at Bangalore Patna High Court Cr.Misc. No.3872 of 2011 (5) dt.01-11-2012 5 since 2006 and petitioner no.3 is unmarried dewar has been residing in Delhi for past several years and has been working with DLF Home Developers Gurgoan since 2007. 5. Learned counsel for the petitioners submits that all the family members, without any specific allegation, have been arrayed in this case with an intention

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.