Case Facts:
Patna High Court Cr.Misc. No.21067 of 2012 (3) dt.03-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21067 of 2012 ====================================================== 1. Sharda Gupta W/o Late Anil Kumar Gupta Resident of 1C-15, Wellington Estate D.L.F. , Phase -5, P.S.- Gurgaon, District- Gurgaon (Haryana) .... .... Petitioner/s Versus 1. The State of Bihar 2. Richa Narayan D/o Dr. Captain Ishwari Narayan C/o Babita Kishori , K.S.F., A/2-4, Madhuban Aawas Board, Malahi Pakri, P.S.- Patrakar Nagar, District- Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amish Kumar, Advocate For Opposite Party No.1 : Mr. Mayanand Jha, A.P.P. For Opposite Party No.2 : None ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 03-12-2012 No one appears on behalf of the Opposite Party No.2 on the second successive date despite repeated calls. The Petitioner, who is the mother-in-law of the Opposite Party No.2, seeks quashing of the order dated 5.4.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.3333(c) of 2010, by which she has taken cognizance in the matter. The case of the Complainant is that she was married to the son of the Petitioner in the year 2008, whereafter she went to her in-laws house. In the two months she resided in her matrimonial home, the Petitioner’s husband used to take her to the beer bar and attempted to compel her to act in a manner which was not acceptable to her. So far as the Petitioner is concerned, the Patna High Court Cr.Misc. No.21067 of 2012 (3) dt.03-12-2012 allegation in the complaint petition is that she used to be indifferent to her. However in the Solemn Affirmation to a court query she has stated about demand of dowry but it is not in consonance with the narrative of the complaint or the first part of the statement recorded on Solemn Affirmation. It has been submitted on behalf of the Petitioner that she being the mother-in-law had very little role to play in the personal relationship between the spouses and in the facts of the case no offence under [STATUTE] . is made out inasmuch as there is no allegation in the complaint that cruelty was meted out to her on account of non-fulfilment of demand of dowry or that cruelty was to the extent that she would commit suicide. Accepting the submission raised on behalf of the Petitioner in the light of the complaint and the statement on Solemn Affirmation, I am inclined to quash the proceeding so far as it relates to the Petitioner including the order dated 5.4.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.3333(c) of 2010. Application stands allowed. Narendra/- (Anjana Prakash, 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.