Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24382 of 2009 ====================================================== 1. Krishna Nand Singh S/o late Vijay Singh 2. Jitendra Singh, S/o late Jhaman Singh Both residing at Vill. Dumari, P.O. Dumari Adda, P.S. Doriganj, District - Saran. .... .... Petitioner/s Versus 1. The State of Bihar 2. Savitri Devi, W/o Vikram Singh, Vill. Dumari Adda, P.S. Doriganj, District – Saran. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 4 04-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application is filed for quashing the order dated 18.02.2006 passed by J.M., Ist Class, Chhapra, Saran in Trial No. 2405 of 2009 arising out of Doriganj P.S. Case No. 44 of 2004 and G.R. No. 1937 of 2004. Cognizance is taken in the case for the offence under [STATUTE] . Submission of learned counsel for petitioners is that no offence under [STATUTE] . is made out against the petitioners, as has not been alleged. Allegation against petitioners is that they got executed a sale-deed in their favour for the land of house and it is submitted that for the same complainant’s husband had executed a bond for not selling. Further, it is alleged that by their title over part of the Patna High Court Cr.Misc. No.24382 of 2009 (4) dt.04-07-2012 2 disputed land they entered the house, misbehaved with the complainant, abused her and forced her to come out from the house. Specifically, it is submitted that this much of allegation is constituting no offence under [STATUTE] . Marriage is 20 years ago, husband is alleged for his having illicit relation with some lady at Lucknow and he was selling his land/plots one after another as was in need of money. According to the complainant, he was living with the lady with whom he was in illicit relation. Petitioners are the last purchaser from the husband, admittedly has no relation with the husband and allegation is, in my view, also constitutes no offence under [STATUTE] . Hence, the order of taking cognizance dated 18.02.2006 passed by J.M. 1st Class, Chhapra at Saran in Trial No.2405 of 2009 and further prosecution against the petitioners are quashed. Shail/- (Mandhata Singh, 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.