Case Facts:
Patna High Court Cr.Misc. No.1103 of 2012 (2) dt.15-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1103 of 2012 ====================================================== 1. Arjun Malakar @ Arjun Kumar Mali, S/O-Satan Malakar @ Satrughna Mali 2. Satan Malakar @ Satrughna Mali, S/O-Late Doman Bhagat 3. Sugapati Devi, W/O-Satan Malakar 4. Vikash Bhagat @ Vikash Kumar Mali, S/O-Satan Malakar 5. Rani Devi @ Rani Kumari, D/O-Satan Malakar All are residents of Mohalla-Tandawa Ambikapur Road, P.S.-Gadhawa, District-Gadhawa (Jharkhand) 6. Santan Mali, S/O-Dhaneshar Bhagat, Resident of village-Bara Kathautiya, P.S.-Naudihan, District-Palamau. 7. Parmeshwar Bhagat @ Parmeshwar Ram Mali, S/O-Devi Mali, resident of Bhajaniyan, P.S.-Mohammadganj, District-Palamau .... .... Petitioners Versus 1. The State of Bihar 2. Sangita Devi, W/O-Sri Arjun Malakar Daughter of Sri Manik Chand Bhagat, resident of Mohalla Kagaji Mohalla, P.S.-Obra, District- Aurangabad (Bihar) .... .... Opposite Parties ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 15-02-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State and with consent of both the parties, this quashing petition is being disposed of on admission stage itself. Petitioners have invoked the extra ordinary jurisdiction of this Court vested under Section 482 of the Cr.P.C. for quashing the entire criminal proceeding of Obra P.S. Case No. 04 of 2011 registered under [STATUTE] as well as ¾ of Dowry Prohibition Act. Patna High Court Cr.Misc. No.1103 of 2012 (2) dt.15-02-2012 It is pointed out by learned counsel for the petitioners that for the same occurrence a complaint case bearing Complaint Case No. 230 of 2010 was filed by the complainant in the court of Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad and, therefore, the registration of present Obra P.S. Case No. 04 of 2011 is nothing but only an abuse of process of the law. It would appear from perusal of contents of first information report of Obra P.S. Case No. 04 of 2011 that the aforesaid case has been registered for the occurrence which had taken place from 01.03.2006 to 12.01.2011. Admittedly, the aforesaid case was registered on the basis of written report given by Opposite Party No. 2 on 12.01.2011. Annexure-3, the Photostat copy of complaint petition of Complaint Case No. 230 of 2010 reveals that the aforesaid complaint case has been filed in respect of occurrence which had taken place from 02.02.2006 to 04.05.2010 and the aforesaid complaint case was filed on 17.06.2010. No doubt, Obra P.S. Case No. 04 of 2011 as well as Complaint Case No. 230 of 2010 have been filed for almost same and similar occurrence and the parties in both the above stated cases are same but admittedly, in Obra P.S. Case No. 04 of 2011, the police has already submitted charge-sheet and, therefore, Patna High Court Cr.Misc. No.1103 of 2012 (2) dt.15-02-2012 petitioners should move before the court below for sending the complaint case bearing Complaint Case No. 230 of 2010 to the court where Obra P.S. Case No. 04 of 2011 is pending and if any prayer is made before the court concerned to the above stated extent, the learned court below should exercise its power vested under Section 202 of the Cr.P.C. in accordance with law and shall pass appropriate order on the above stated prayer. In the light of aforesaid observation, this quashing petition stands disposed of on admission stage itself. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.