Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44395 of 2011 ====================================================== 1. Bharti Devi @ Bharti Kumari Daughter Of Madni Chourasiya @ Medni Prasad Resident Of Village- Bhutauli Malpa, P.S.- Choutam, District- Khagaria 2. Madni Chourasia @ Medni Prasad Son Of Late Ram Tahal Chourasiya Resident Of Village- Bhutauli Malpa, P.S.- Choutam, District- Khagaria 3. Jay Kant Chourasiya @ Jay Kant Pd. Chourasiya Son Of Late Thakur Prasad Chourasiya Resident Of Village- Bhutauli Malpa, P.S.- Choutam, District- Khagaria 4. Suresh Prasad Chourasiya Son Of Late Thakur Prasad Chourasiya Resident Of Village- Bhutauli Malpa, P.S.- Choutam, District- Khagaria 5. Dular Chandra Chourasiya Son Of Madni Chourasiya @ Madani Prasad Resident Of Village- Bhutauli Malpa, P.S.- Choutam, District- Khagaria 6. Shashi Kumar Chourasia Son Of Madni Chourasiya @ Madani Prasad Resident Of Village- Bhutauli Malpa, P.S.- Choutam, District- Khagaria 7. Rishi Kumar Chourasiya Son Of Madni Chourasiya @ Madani Prasad Resident Of Village- Bhutauli Malpa, P.S.- Choutam, District- Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar 2. Jitendra Kumar Chourasiya Son Of Sri Ganga Bishwas Resident Of Jhaua Gotheli, P.S.- Ajam Nagar, District- Katihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 5 19-12-2012 Heard learned counsel for the petitioners and learned counsel for the Opposite parties. Patna High Court Cr.Misc. No.44395 of 2011 (5) dt.18-12-2012 2 / 5 2 In this case the petitioners are challenging the order dated 24.11.2011 passed by the Judicial Magistrate Ist class, Katihar in connection with Complaint Case No. 2513/2010 whereby and where under the Court below took cognizance under [STATUTE] . It is a very peculiar case when the wife has already given divorce and they are in litigating term even then again the wife went to the place of the Ex husbands along with her other family members. The husband and his family members gave warm welcome and later on wife alongwith other repented for her past action stayed with her family members. When the husband had gone to bring sweets and other materials for serving the guests namely, the petitioners, they kept in confinement the younger brother of the Ex husband, committed theft took away ornaments, clothes and cash of Rs. 25,000/-. In this case it appears from the complaint petition that the marriage of co-accused Bharti Devi, petitioner no.-1 was solemnized on 15th of July, 2009 with Opposite party no.2 namely, Jitendra Kumar Chourasiya. In the complaint petition it has been alleged that after the marriage, the wife had come to in-laws place, but the marriage could not sustain due to strain relationship in between the parties which led to filing of complaint case by the wife vide Complaint No.1098C/2010 where the wife has made an allegation of torturous act by the husband side which led to taking Patna High Court Cr.Misc. No.44395 of 2011 (5) dt.18-12-2012 3 / 5 3 cognizance by the Court below under 498A and other Sections of the Indian Penal Code. After lodging of the aforesaid complaint case, the present complaint case has been filed where the wife and other family members have been made accused with an allegation that the marriage was solemnized with Bharti Devi but marriage could not survive and there was dissolution of marriage on 29.7.2010 by way of affidavit and on anticipation she left the place of the husband. On 15.8.2010 about 5 P.M. in the evening, wife and other family members came to the house of the complainant- Opposite Party no.2 made prayer to forget earlier litigation and allow her to live with husband. At that time the complainant and his younger was there, therefore, Opposite Party No.2 had gone to market for bringing the sweets for them. When he was away from house his younger brother was confined in a room on the point of gun and the allegation has been made that all the valuables of the house including the cash were taken away by his wife and other family members. When he returned, he found the house was locked from the out side, with the help of villagers, door was opened, he was taken a back that his brother was tide with rope in Chair who narrated the story in detail. The Court below on the basis of S.A. and the statement made by the witnesses took cognizance under the aforesaid Sections and issued notice for appearance of the petitioners. Patna High Court Cr.Misc. No.44395 of 2011 (5) dt.18-12-2012 4 / 5 4 Learned counsel for the petitioner submits the story deliberated in Complaint petition, is inherently improbable when there was strain relationship between the husband and wife, wife has lodged the case against the husband under [STATUTE] . so much so, the statement has been made, the relationship between wife and husband has completely broken down, in that circumstances, the wife and her whole family would go to the house of the husband. Complainant- Opposite Party No.2, who had proposed to give warm welcome to his ex-wife and other family members and in reply ex-wife and her family member is said to have acted as stated herein above. In this regard learned counsel for the petitioners relied on the Judgment reported in AIR 1992 SC-604 State of Haryana and others Vs. Bhajan Lal and others in which the Hon’ble Apex Court held that the jurisdiction under section 482 of the Code of Criminal Procedure could be exercised either to prevent abuse of the process of any court of law or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formula and to give an exhaustive list of myria

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.