PATNA, India, Nov. 24 -- Patna High Court issued the following judgment on Nov. 3:

Heard learned counsel appearing on behalf of the petitioner, learned APP for the State and learned counsel for the opposite party no.2.

2. The present application has been filed under Section 528 of BNSS for quashing the order taking cognizance dated 20.11.2024 passed by the learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Mahila P.S. Case No.32/2024, by which learned Judicial Magistrate has taken cognizance of offences under Sections 341, 323, 379, 498 A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

3. The allegation is of subjecting the informant - opposite party no.2 to various sorts of torture due to nonfulfillment of the demand of the dowry.

4. Learned counsel appearing on behalf of the petitioner submitted that the learned District Court has not considered that the materials available on record don't disclose any criminal element and without considering this fact, the order taking cognizance against the petitioner cannot sustain in the eye of law. He further submitted that O.P. No.2 was married with Chandan Kumar. This petitioner, who is the married sisterin-law (Nanad) of O.P. No.2 in absence of any specific allegation, unnecessarily she has been roped in a false criminal case. Learned counsel further submitted that marriage is a sacred ceremony but for little matrimonial skirmish between husband and wife, the parties are facing criminal prosecution for the reason they are in-laws. The learned District Court has not considered this aspect, which calls for interference of this Court.

5. Per contra, learned counsel appearing on behalf of the opposite party no. 2 submitted that the opposite party no. 2 is being harassed by the petitioner and as such, the present quashing application is fit to be dismissed.

6. Heard the parties.

7. It is commonly seen in the society that the entire family members, as well as, relatives are made accused along with the husband to face criminal prosecution. The Apex Court has demarcated the manner in which the complaints are entertained by the learned District Court.

8. The law in respect of matrimonial dispute between husband and wife is well settled, at the same time, the Apex Court recently in the case of Navneesh Aggarwal & Ors. v. State of Haryana & Anr. reported in 2025 INSC 963 has held that the family members of husband should not be roped unnecessarily and face vexatious criminal trial.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMyMjgwNyMyMDI1IzEjTg==-8oKOebuMzb0=

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