IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15422 of 2010 1. RANJIT SAO @ RANJIT KUMAR, SON OF SRI RAMJI SAO 2. ANNU DEVI @ ANUPAMA DEVI, WIFE OF RANJIT SAO BOTH ARE LIVING AT POSTAL PARK, P.S. KANKARBAGH, DISTT. PATNA. 3. PANKAJ KUMAR, SON OF SRI NARAIN PD. 4. MANJULA DEVI @ MANJULA GUPTA, WIFE OF PANKAJ KUMAR, BOTH ARE RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTT. PATNA AT PRESENT LIVING AT MURANA, P.S. RAJDHANWAR, DISTT. GIRIDIH 5. SHASHI KUMAR, SON OF SRI NARAIN PD., RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTT. PATNA AT PRESENT K-1, 3RD FLOOR, MAIN MARKET, LAXMI NAGAR, DELHI-92 6. SMT. NILAM DEVI @ NILAM GUPTA, WIFE OF LATE SUNIL KUMAR, DAUGHTER SRI NARAIN PD., RESIDENT OF BHATTIPUR, P.S. MALSALAMI, DISTT. PATNA AT PRESENT FLAT NO. 8, 3RD FLOOR, PLOT NO. 2/1, PANDAV NAGAR CAMP, GALI NO. 10, GANESH NAGAR, DELHI – 110 092 NEAR KALI MINDIR ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. SMT. RINKI GUPTA, WIFE OF PRABHAT KUMAR, DAGHTER OF SHIV PD. GUPTA, RESIDENT OF ASHOK NAGAR, ROAD NO. 8, RAM LAKHAN PATH, P.S. KANKER BAGH, DISTT. PATNA. ------OPPOSITE PARTY with Cr.Misc. No.32044 of 2010 1. NARAIN PRASAD, SON OF LATE RAM KISHUN SAO 2. LALITA DEVI, WIFE OF SRI NARAIN PD. BOTH ARE RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTT. PATNA. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. SMT. RINKI GUPTA, WIFE OF PRABHAT KUMAR, DAGHTER OF SHIV PD. GUPTA, RESIDENT OF ASHOK NAGAR, ROAD NO. 8, RAM LAKHAN PATH, P.S. KANKER BAGH, DISTT. PATNA. ---- OPPOSITE PARTIES. ----------- For the petitioners : Mr. Tilak Sao, Advocate. For the State : Dr. Indiwar Kumari, A.P.P. 3. 08.03.2011 Heard the parties. The petitioners who are the Nandosi, Nanad, Bhainsur, Gotni, Dewar, married Nanad respectively of the Opposite Party No. 2 in Cr. Misc. 15422 of 2010 whereas the 2 petitioners in Cr. Misc. 32044 of 2010 are parents-in-law have sought quashing of the order dated 8.3.2010 as well as 27.7.2010 respectively in Kankarbagh P.S. Case No. 3 of 2009 passed by the Sub Divisional Judicial Magistrate, Patna, by which an application for discharge has been rejected. The Opposite Party No. 2 was noticed in the present applications and on her appearance, the matter was referred to the Patna High Court Mediation Centre but, unfortunately, the conflict could not be resolved due to ‘negative behaviour’ and ‘distrust’. When the matter has now come up before this Court, it has been submitted on behalf of the petitioners that the husband of the Opposite party No. 2 suspected his wife’s bad character whereas the Opposite Party No. 2 submits that she is ready to live with her husband. Since a matrimonial relation cannot be established by force, this Court without spending any more time on the said procedure, is proceeding with the factual aspects of the case. It has been submitted on behalf of the petitioners that the petitioners were married or residing at their respective place of posting and have absolutely no concern with day-to- day affairs of the Opposite Party No. 2 and her husband. On going through the First Information Report, no doubt, in the first paragraph, there is generally an allegation that the petitioners did not behave properly with the Opposite Party 3 No. 2 in the first 15 days which she spent in her in-laws place, they made her life difficult. After her initial Bidai, when she next returned to her in-laws house, it is alleged generally that the in- laws started demanding Refrigerator and motorcycle but it has also been added that the husband used to pass remarks about her character and made her sign on some documents. In the entire First Information Report there is absolutely no specific overt act alleged against the petitioners. It has repeatedly been held by this Court as well as by the Hon’ble Supreme Court that in case of 498A of the Indian Penal Code, a blanket prosecution should not be permitted and court should take pains to assess the weight of evidence at every stage. In view of such, considering the allegations contained in the Complaint enumerated above, the application is allowed. S.Ali ( Anjana Prakash, J.)