Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20801 of 2012 ====================================================== Suresh Pandit, son of Puna Pandit, r/o village Vijhrauli, P.S. Jandaha, Distt. Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar 2. Savita Kumari, wife of Shiv Nath Kumar, daughter of Sudama Pandit, presently residing at village & P.O. Panapur Langa, P.S. Hajipur (Sadar), Distt. Vaishali. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prashant Kumar, Adv. Mr. N.D. Choubey, Adv. For the State : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 22-11-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 6.1.2011 passed by the Sub Divisional Judicial Magistrate, Hajipur, in Complaint Case No. 1037 of 2010 so far as it relates to the Petitioner, by which he has taken cognizance in the matter. The background facts of the case are that the Complainant was married to the co-accused Shiv Nath Kumar in which the Petitioner acted as a mediator. Unfortunately, the in- laws variously tortured the Complainant and she was forcibly ousted from her house. The Petitioner actively participated in the mediation process and, therefore, he has been made accused in the Patna High Court Cr.Misc. No.20801 of 2012 (3) dt.22-11-2012 2 / 2 2 present case. The submission of the Petitioner is that in the facts of the case, no offence under [STATUTE] is made out inasmuch as he is admittedly not a family member of the husband of the Complainant and there is no allegation of him having acted in a cruel manner which would subject him to prosecution under [STATUTE] . Notices had been issued to the Opposite Party No. 2 through the counsel appearing on her behalf in the Court below but she has chosen not to appear before this Court. Having gone through the Complaint petition, I am inclined to accept the submission raised on behalf of the Petitioner. In view of such, the application is allowed and the order of cognizance dated 6.1.2011 so far as it relates to the Petitioner in connection with Complaint Case No. 1037 of 2010 passed by the Sub Divisional Judicial Magistrate, Hajipur, is hereby quashed. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.