IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27576 of 2009 Jaijai Ram Kumar Yadav @ Jai Ram Kumar Versus State Of Bihar & Anr ------- For the petitioner: Mr Indu Bhushan, Advocate For opposite party no.2: Mr Arvind Kumar Shaw ---------- 4 09.08.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for opposite party no.2 and with the consent of both parties, this petition can be disposed of at the stage of admission. This petition has been preferred under section 482 of the Cr. P.C for quashing the FIR of Sahebpur Kamal P.S. Case no. 100/2004 registered under sections 498A, 494, 406 of the IPC and 3/ 4 of the D.P. Act against the petitioner and others. The brief facts are as follows: Opposite party no.2 filed complaint case bearing Complaint case no.823C/2004 stating therein that her marriage was solemnized with petitioner on 27.6.2002 according to Hindu rites and rituals and at the time of marriage her parents and relatives had given house hold articles, ornaments and cash to the petitioner but subsequently, she was subjected to cruelty and harassment on account of non-fulfillment of more dowry demand and lastly, she was ousted from her matrimonial home. The aforesaid complaint petition was sent to the concerned police station for institution of the FIR and investigation and accordingly, Sahebpur Kamal P.S. Case no. 100/2004 under the above stated sections was registered. 2 The stand of the petitioner is that the informant is not her legally wedded wife and, as a matter of fact, she is wife of one Ram Pukar Yadav. At the time of hearing on the point of admission, notice was issued to opposite party no.2 who happens to be informant of the above stated Sahebpur Kamal P.S. Case no. 100/2004 and in response to the above stated notice, her counsel appeared before this court and accepted this fact that opposite party no.2 is legally wedded wife of Ram Pukar Yadav and she has no concern with the petitioner and furthermore, she does not want to proceed with Sahebpur Kamal P.S. Case no. 100/2004 In the aforesaid circumstances, this court thinks it proper to quash the FIR of Sahebpur Kamal P.S. Case no. 100/2004 in respect of the petitioner because continuance of the aforesaid case is nothing but only abuse of process of the law. Accordingly, FIR of Sahebpur Kamal P.S. Case no. 100/2004 as well as other proceedings of the aforesaid case stands quashed in respect of the petitioner only. In the above stated manner, this petition is being disposed off at the admission stage itself. Shahid ( Hemant Kumar Srivastava,J)