IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.27868 of 2009 1. Nagesh Kumar, son of Umesh Sharma 2. Umesh Sharma, son of late Awadhesh Sharma 3. Raj Kumari Devi @ Ram Kumari, wife of Umesh Sharma All residents of Mohalla-Awadhpuri Colony, P.O. & P.S. –Digha, Town and District of Patna Sadar Versus 1. The State Of Bihar 2. Nira Devi wife of Nagesh Sharma, daughter of Abhimanyu Singh, Resident of Mohalla-Awadhpuri Colony, P.O. & P.S. – Digha ….. Opposite Parties. ---------------------------------- 2 04-08-2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the state. In my view, this petition for quashing the cognizance order dated 17.04.2009 passed by Sub Divisional Judicial Magistrate; Patna can be disposed of at admission stage itself. Petitioner No. 1 is the husband whereas rest petitioners are parents-in-law of opposite party No. 2 namely, Neera Devi who is informant in Digha P.S. Case No. 141 of 2008 and has brought the above-said Digha P.S. Case No. 141 of 2008 for the offence under section-498A of the Indian Penal Code and section-3/4 of Dowry Prohibition Act on the allegation that her marriage was solemnized with petitioner No. 1 in the year, 2001 but subsequently, she was subjected to cruelty and harassment on account of non-fulfillment of illegal demand. It appears from Annexure-2 to this petition that after due investigation, police submitted charge sheet for the offence under Section-498A of the Indian Penal Code and 3/4 of Dowry - 2 - Prohibition Act and furthermore, after submission of the charge sheet, learned Sub Divisional Judicial Magistrate, Patna took cognizance for the above-said offence passing impugned order dated 17.04.2009 against which this quashing petition under section-482 of the Cr. P.C. has been filed. Learned counsel for the petitioners submits that the impugned order is not a reasoned order and the learned Sub Divisional Judicial Magistrate, Patna ought to have given reasons in the impugned order but he failed to do so and therefore, the aforesaid order must be quashed and the entire proceeding of Digha P.S. Case No. 141 of 2008 be quashed because the same is nothing but only the abuse of process of the court. I am not at all convinced with the submission of learned counsel for the petitioners because it has already been set at rest that there is no need to pass a detailed order at the time of taking cognizance of the offence. Therefore, in my view, this petition does not have any merit and must be dismissed at admission stage itself. Accordingly, this petition stands dismissed at the stage of admission itself. However, if the petitioners take any step for reconciliation of their dispute with the opposite party No. 2, the trial court may consider the aforesaid plea at appropriate stage. A copy of this order be sent to the court of Sub - 3 - Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 141 of 2008 for needful. AKV/- (Hemant Kumar Srivastava,J.)