IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1101 of 2007 SUNIL KUMAR & ORS Versus STATE OF BIHAR & ORS ----------- 04/ 18-07-2008 Heard learned counsel for the petitioners, learned counsel for the State and also learned counsel for respondent no. 4. This writ application has been filed for quashing the F.I.R. of Mashauri P.S. Case No. 196 of 2006 registered under Sections 494, 498(A) read with 34 of the Indian Penal Code. Shortly stated the facts of this case is that respondent no. 4 Sandhya Devi had submitted the written application to the Chairman, Bihar State women Commission, Patna as well as The Inspector General of Police, Bihar, Patna (Women Unit) on 8.5.2006 and 29.4.2006 respectively alleging therein that her marriage was performed with petitioner no. 1 Sunil Kumar and after marriage she was living with her husband. She further alleged that her husband performed second marriage on 3.3.2006 and thereafter the behaviour of the accused persons changed and they began to assault her. On the basis of the said written statement of respondent no. 4 SC & ST P.S. Case No. 10 of 2006 was registered against the petitioners under Sections 494, 498(A) and 34 of the Indian Penal Code and then on the basis of the written statement filed by the petitioners before Women Commission Mashauri P.S. Case No. 196 of 2006 was registered under Sections 494, 498(A)/34 of the Indian Penal Code. A counter affidavit has been filed on behalf of - 2 - respondent no. 4 in which it has been mentioned that SC & ST P.S. Case No. 10 of 2006 has been compromised between the parties and accordingly, the accused persons have been acquitted. It has further been mentioned that after taking divorce from petitioner no. 1 the respondent no. 4 has performed second marriage and she is now living happily with the second husband outside the State. A counter affidavit has been filed on behalf of respondent no. 2 in which it has been stated that the investigation is over and charge sheet has already been submitted in Mashauri P.S. Case no. 196 of 2006. It has been argued on behalf of the petitioners that respondents filed an application before the Chairman, State Women Commission and the same was forwarded to I.G. Police (Mahila Cell), Patna and accordingly two different F.I.Rs. vide Mashauri P.S. Case No. 196 of 2006 and SC & ST P.S. Case No. 10 of 2006 have been registered against the same set of persons. It has further been argued that SC & ST P.S. Case No. 10 of 2006 has been disposed of on the basis of compromise between the parties. It has further been submitted that respondent no. 4 after taking divorce from her husband has performed second marriage and now living happily outside the State. Learned counsel thus pointed out that continuation of two prosecution against one occurrence would amount to an abuse of process of the court. Learned counsel for respondent no. 4 submitted that after obtaining divorce from petitioner no. 1 the informant has - 3 - performed second marriage and now leading a happy life. The learned State counsel also conceded that for the same occurrence two F.I.Rs. have been registered. In the facts and circumstances of the case, this application is allowed and the entire proceeding of Mashauri P.S. Case No. 196 of 2006 is hereby quashed being in violation of Article 20(2) of the Constitution of India. S.Sb/- (Madhavendra Saran, J.)