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

Heard learned counsels appearing on behalf of the petitioners; learned APP for the State and learned counsel appearing on behalf of the O.P. No.2.

2. The petitioners have preferred application under Section 528 of BNSS for quashing the order taking cognizance dated 09.08.2024 passed by learned Additional Chief Judicial Magistrate V, Gopalganj in Complaint Case No.514/2018, Tr. No.1018 of 2025, by which cognizance of the offences has been taken under Sections 498A of the Indian Penal Code against the petitioners.

3. The prosecution case in brief is that Mala Devi, who is O.P. No.2 claims that she is the legally wedded wife of one Bishundeo Singh, with whom she was married on 09.06.2008 according to Hindu customs. She lived happily with her husband for about 15-20 days, thereafter, the accused persons/in-laws allegedly demanded a Bullet motorcycle as dowry from the complainant, despite the complainant's parents had already given articles worth Rs.4,50,000, Rs.1,00,000 in cash, and a Hero Honda motorcycle. When the demand was not fulfilled, she was allegedly harassed, assaulted, and deprived of food and when her husband had gone abroad, accused persons named above continued to torture her and even attempted to outrage her modesty. She has given birth to two children. In 2018, she was again assaulted for non-fulfillment of demand of dowry and allegedly she was driven out of her matrimonial home and also kept her valuable articles.

4. Learned counsel appearing on behalf of petitioners submitted that the petitioner nos.1 and 2 are own brothers of the husband of the O.P. No.2 and the petitioner no.3, is the son of the petitioner no.1. Learned counsel further submitted that the husband of the O.P. No.2 is not residing with her and taking advantage of the situation, in absence of her husband the O.P. No.2 developed illicit relationship with one Kalikeshwar Rawat, and has implicated all the petitioners along with other family members on false accusation of subjecting her to various types of tortures for non-fulfillment of demand of dowry and also alleged that they kicked her out of her matrimonial house. Learned counsel submitted that the Complaint Case No.514 of 2018 was filed by the O.P. No.2 on 26.03.2018. Subsequent to the same the husband of the O.P. No.2, after he had returned from foreign country, lodged an FIR against Kalikeshwar Rawat in connection with Hathua P.S. Case No.06 of 2023 on 06.01.2023, who is having illicit relationship with the O.P. No.2.

5. The learned counsel relied on the law laid down by the Apex Court in the case of Joseph Shine vs. Union of India reported in (2019) 3 SCC 39 wherein the the Apex Court has held that Section 497 IPC is violative of Articles 14, 15(1) and 21 of the Constitution being manifestly arbitrary, gender discriminatory, encroachment into women's identity, dignity, liberty, privacy, sexual autonomy, freedom to make independent choice in matters of sexuality, hence struck down as unconstitutional.

6. He further submitted that FIR don't disclose any offence and in the light of the conditions contained in para-102 of the Apex Court judgment in case of State of Haryana and Ors. v. Bhajan Lal and Ors. reported in 1992 Supp. (1) SCC 335, no case is made out against the petitioners. The Apex Court in para-102 has held as under:

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMxODk5OSMyMDI1IzEjTg==-ZgD6Xk0MMCA=

Disclaimer: Curated by HT Syndication.