Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.373 of 2012 ====================================================== Prabhat Kumar .... .... Petitioner Versus The State Of Bihar Through D.G.P. & Anr. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been made accused in Nawada Town P.S.case No.386 of 2008 dated 29.11.2008 instituted under [STATUTE] . The matter was duly investigated by the police and on conclusion of investigation, the police found the case to be a mistake of fact and thus the final report under Section 173(2)of the Code of Criminal Procedure was submitted in the court. The learned Chief Judicial Magistrate, Nawada before whom the final report has been submitted has issued notice to the informant of the case for hearing on the point of cognizance. The final report has been submitted in the year 2009 and since then the matter is pending before the Magistrate, as the informant has not appeared before the court. Under such circumstance, the petitioner has filed the present writ petition and seeks quashing of the aforesaid FIR. Patna High Court CR. WJC No.373 of 2012 (2) dt.13-09-2012 2 In my view, the writ petition is misconceived. The police has already submitted final report. The matter is pending before the Magistrate for appropriate orders on the report submitted by the police. At this stage, the FIR cannot be quashed. I am not inclined to entertain the present writ petition. It is dismissed, accordingly. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 304B

Statute Text:
Section 304B of the Indian Penal Code. Dowry death. Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.