Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5395 of 2012 ====================================================== 1. Bhola Nath Singh Son Of Late Hridya Singh Resident Of Village - Kaparipur, P.O. Nawiganj Bazar, P.S. Basantpur, District - Siwan. Presently Posted As Sub-Inspector R. P.F. Etawaripura Motibag, Nagpur Control Station (Maharastra). Presently Resident Of House No. 35/B, Mak De Nagri, Villgaon, Naka No. 2, Kamptee Road, P.O. Kheiri, Nagpur(Maharastra) 2. Sita Singh @ Sita Devi W/O Late Hridya Singh Resident Of Village - Kaparipur, P.S. Basantpur, District -Siwan, Presently Residing At House No. 35/B Mak De Nagri Villgaon Naka No. 2, Kamtee Road, P.O. Kheiri Nagpur, Maharastra 3. Subhash Singh Son Of Sri Wakil Singh Resident Of Village And P.O. Budhesi, P.S. Baikunthpur, District - Gopalganj, Presently Residing At 11/3 Edison Road, B-Zone, Durgapur-5 West Bengal .... .... Petitioner/s Versus 1. The State Of Bihar 2. Smt. Nirmala Ojha W/O Pramod Kumar Ojha Resident Of Rajiv Nagar Road No. 16, Patliputra, P.S Patliputra, District - Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kr. Singh, Adv. For the State : Mr. Umeshanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 02-07-2012 Heard learned counsel for the petitioner and the State. The petitioners seek quashing of the entire prosecution of Complaint Case No. 3432(C) of 2009 including the order dated 7.4.2010 passed by the Sub Divisional Judicial Magistrate, Patna, by which cognizance under [STATUTE] and Sections 3 and 4 of Dowry Prohibition Act have been taken. The case of the Complainant is that her daughter was scheduled to be married with Petitioner No. 1 on account of which a Patna High Court Cr.Misc. No.5395 of 2012 (2) dt.02-07-2012 2 / 2 2 sum of Rs. 4,00,000/- as advance dowry had been paid to the accused persons. Subsequently, the marriage negotiation some how broke down on account of which the present case was instituted. It has been submitted on behalf of the Petitioners that Rs. 4,00,000/- given to the accused persons was returned to the Complainant and now both the boy and girl have been married at some other places and it would be in the interest of justice that the matter be quashed so that they are saved from unnecessary embarrassment. On the other hand, the counsel for the Complainant submits that indeed the money has been returned to her but in the facts of the case, the accused persons should be prosecuted so that in future other persons do not act in similar manner. Having considered the facts of the case as also in the interest of the boy and girl in question, this Court is inclined to allow this application. Hence the entire prosecution of Complaint Case No. 3432(C) of 2009 including the order dated 7.4.2010 passed by the Sub Divisional Judicial Magistrate, Patna is set aside. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.