Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20434 of 2008 ====================================================== 1. Yogesh Upadhyay @ Durgesh Upadhyay son of Ramashray Upadhyay. 2. Ramashray Upadhyay son of Kailash Upadhyay. 3. Kailash Upadhyay son of late Kalika Upadhyay. 4. Jamwanti Devi wife of Kailash Upadhyay. 5. Shubhwanti Devi wife of Ramashray Upadhyay. 6. Ramagya Upadhyay son of Kailash Upadhyay. 7. Pushpa Devi wife of Ramagya Upadhyay. 8. Ram Kripal Upadhyay son of Kailash Upadhyay. 9. Savitri Devi wife of Ram Kripal Upadhyay. All resident of Village-Kanshwarh, P.O.-Kawaruwa, P.S.- Sakaldiha, District-Chandauli (U.P.). .... .... Petitioners Versus 1. The State Of Bihar. 2. Dhananjay Kumar Mishra, son of Vijay Kumar Mishra, resident of Village-Tikaitpur, P.O.-Tikaitpur, P.S.-Mohania, District- Kaimur (Bhabua). .... .... Opposite Parties ====================================================== Appearance : For the Petitioners :- Mr. Ravishankar Sahay, Adv. Mr. Vijay Kumar Singh No. 1, Adv. For O.P. No. 2 :- Mr. Santosh Kumar, Adv. Mr. Praveen Kumar, Adv. For the State :- Mr. Jharkhandi Upadhayay, A.P.P. CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 9 22-02-2012 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no. 2. The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure, to quash the order dated 03.05.2008, passed in Complaint Case No. 1320 of 2005, Trial No. 814 of 2008 by the Sub-Divisional Judicial Magistrate, Bhabua, rejecting the application of accused-petitioners, filed Patna High Court Cr.Misc. No.20434 of 2008 (9) dt.22-02-2012 2/3 under Section 245 of the Code of Criminal Procedure for discharge. The learned counsel appearing on behalf of petitioners submits that the learned Sub Divisional Judicial Magistrate did not consider the evidence in right angle in rejecting the application filed under Section 245 of the Code of Criminal Procedure to discharge the accused-petitioners. As such, the impugned order dated 03.05.2008, rejecting the application for discharge is illegal. It is further submitted that the petitioner no. 1, Yogesh Upadhayay the husband of Sita Devi, sister of opposite party no. 2, Dhananjay Kumar Mishra, has filed the Divorce Suit No. 56 of 2005 in the Court of Civil Judge, Senior Division, Chandauli, in which the statement of Sita Devi, is recorded, in which she has showed willingness to lead her life separately. It has also been submitted on behalf of petitioners that a compromise petition has been filed, jointly signed by the petitioner no. 1 and his wife, Sita Devi, sister of opposite party no. 2, in the Court of Civil Judge, Senior Division which would appear from Annexure- A & A/1 to the supplementary affidavit. On perusal of the impugned order, it appears that learned Magistrate on going through the evidence of the witnesses, as adduced before the charge, arrived at conclusion that there is Patna High Court Cr.Misc. No.20434 of 2008 (9) dt.22-02-2012 3/3 sufficient evidence for framing the charge under [STATUTE] and Section 3/4 of the Dowry Prohibition Act and, accordingly, rejected the application dated 21.04.2008, filed under Section 245 of the Code of Criminal Procedure by the accused-petitioners for discharge. Apparently, there is no illegality in the impugned order amounting to abuse of the process of the Court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. As far as the submission as advanced on behalf of petitioners about filing of compromise petition in divorce suit is concerned, the petitioners would be at liberty to raise this point in the trial Court at appropriate stage. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.