IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10210 of 2000 DR. KARTIK PRASAD Versus STATE OF BIHAR & ANR ----------- 9. 24.6.2010. Heard Sri Umakant Prasad, learned counsel for the petitioner and also heard the learned A.P.P. for the State. This petition has been preferred by the petitioner Dr. Kartik Prasad to seek a relief of quashing the order dated 16.8.1999 by which the petitioner and other accused persons were summoned for allegedly committing various offences including that under Section 498A of the Penal Code. It hardly requires to be pointed out that allegations made in the complaint petition has to be taken as true on their face value and, thereafter, the court has to discern from it the constitution of an offence. If no offence is constituted or, in other words, if there is no allegation of participation in commission of the offence then order summoning an accused has always to be held falling sort of the settled law. Reference might may be made in the above behalf to a huge line of decisions starting from R.P.Kapur Vrs. State of Punjab AIR 1960 SC 866 and Chandra Deo Singh Vrs. Prokash - 2 - Chandra Bose AIR 1963 SC 1430. I have perused the complaint petition and only two statements appear made against the petitioner that he was acting as a negotiator for settlement of the marriage and further that he had participated as a Barati in the marriage ceremony and had performed “Gunghat” ceremony. Except the above, there is no allegations of illtreatment and torture meted out to the complainant. Besides, the petitioner does not appear either as a relative or a family member of the complainant’s husband. Regard being had to the above facts and statements made in the complainant petition in the light of the settled principle of law as regards the summoning order dated 16.8.1999 passed by Sri S.P.Mishra, Judicial Magistrate, Bhagalpur in Complaint Case No.386 of 1999, the same is hereby quashed. As regards the other part of the order that shall remain as it is. If any stay was granted that shall stand vacated. B.Kr. ( Dharnidhar Jha, J. )