Case Facts:
Patna High Court Cr.Misc. No.8291 of 2009 dt.04-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8291 of 2009 =========================================================== 1. Rajesh Kumar Singh 2. Mukesh Kumar Singh, both sons of late Umesh Prasad Singh 3. Krishna Devi @ Krishna Singh, W/O- Brajesh Kumar Singh, all resident of Gautamnagar Ward No. 12, Police Station-Saharsa, District-Saharsa .... .... Petitioners Versus 1. The State of Bihar 2. Sangita Singh, W/O-Rajesh Kumar Singh, D/O-Bishundeo Singh, resident of Ward No. 17, Panchwati Chowk Gangjala, Saharsa, Police Station-Saharsa, District-Saharsa .... .... Opposite Parties =========================================================== =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 14-03-2012 This petition has been preferred under Section 482 of the Cr.P.C. for quashing the order dated 06.02.2009 passed by Sri O.P. Srivastava, learned Sub Divisional Judicial Magistrate, Saharsa in Complaint Case No. 1600 C of 2008 by which the learned Sub Divisional Judicial Magistrate, Saharsa having conducted an enquiry under [STATUTE] against the petitioners and ordered to issue summons against them to procure their attendance for facing the trial for the above stated offence and by the same order he refused to summon against accused Brajesh Kumar Singh. The brief fact, which lies to file this quashing petition, is that Opposite Party No. 2, namely, Sangita Singh filed complaint Case Patna High Court Cr.Misc. No.8291 of 2009 dt.04-03-2012 bearing Complaint case No. 1600 C of 2008 against the petitioners and one Brajesh Kumar Singh alleging therein that her marriage was solemnized with the petitioner no. 1 on 10.07.1988 and at the time of marriage, her father had given rupees five lacs and ornaments worth rupees five lacs in gift but when she went to her in-laws house, petitioners and above stated Brajesh Kumar Singh started pressurizing her to fetch rupees one lac more and one maruti car in dowry and when she made protest, she was subjected to cruelty and harassment by the petitioners and above stated Brajesh Kumar Singh and in the meantime, she came to know about the illicit relationship of petitioner no. 1 and petitioner no. 3. She further alleged that when she raised objection about the above stated illicit relationship, she was mercilessly beaten up by the petitioners and aforesaid Brajesh Kumar Singh on 06.08.2005 and, thereafter, she gave information about the above stated incident to her natal people and also gave a written report to concerned police station. The above sated incident was enquired by the police and the petitioner as well as aforesaid Brajesh Kumar Singh were warned by the police officials. She further alleged that on 29.08.2005 an informatory petition bearing Sanha No. 1422 of 2005 was given by her before Sub Divisional Magistrate, Saharsa and when petitioners and Brajesh Kumar Singh came to know about the filing of aforesaid Sanha petition, they made captive her in a room and stopped Patna High Court Cr.Misc. No.8291 of 2009 dt.04-03-2012 providing any meal to her but, anyhow, her neighbours came to know about her condition and they got unlocked the room and thereafter, she was ousted from her matrimonial home on 02.09.2005, and on that very date she was again beaten up by her in-laws including her husband. She came to her parents’ house and informed her parents about the above stated incident but she did not lodge any case against her in-laws as well as her husband. She further alleged that on 15.09.2008, she along with her father, namely, Sri Bishundeo Singh went to the house of her husband but her husband as well as in-laws misbehaved with her and also assaulted her and again repeated the above stated illegal demand and, thereafter, on 16.09.2008, she gave a petition to State Women Commission, Patna as well as Secretary, Human Rights, Delhi and also filed the above stated complaint case on 20.10.2008. The learned trial court after conducting an enquiry under Section 202 of the Cr.P.C. passed the impugned order in the manner as stated above. The Opposite Party No. 2 made her appearance before this Court and the case was admitted on 30.08.2010 for hearing. The matter was referred to Patna High Court, Mediation and Conciliation Centre vide order dated 12.07.2011 and the parties appeared before the Mediation Centre, Patna High Court, Patna but mediation could Patna High Court Cr.Misc. No.8291 of 2009 dt.04-03-2012 not succeed and, accordingly, the above stated mediation centre reported to this Court that in spite of best efforts taken by mediation centre, mediation could not be materialized. Both the parties were heard by this Court in length. Learned counsel appearing for the petitioners submitted that according to complaint case itself, the marriage of Opposite Party No. 2 had solemnized with the petitioner no. 1 in the year 1988 and she led her marital life with petitioner no. 1 till the year 2005 and, therefore, it is hard to believe that after 17 years of marriage, the demand of dowry would be made by the petitioners. It is further submitted by him that the contents of complaint petition reflect that Opposite Party No. 2 filed complaint petition due to so-called illicit relationship of petitioner no. 1 and petitioner no. 3 and, therefore, [STATUTE] is not applicable in the present case as held by this Court in a decision reported in 2012 (1) PLJR-94 that if the dispute between the husband and wife arose on account of so-called illicit relationship of husband and even if, the contents of complaint are taken into consideration then also, it cannot be said that dispute between husband and wife arose on account of non-fulfilment of illegal demand and so the application of Section 498 A of the Indian Penal

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.