PATNA, India, July 1 -- Patna High Court issued the following judgment on June 27:
CR. MISC. No.22311 of 2025 1. Heard learned counsel appearing on behalf of the parties.
2. The present petition is being filed on behalf of the petitioners for quashing of cognizance order dated 30.05.2024 passed in Complaint Case No. 309 of 2024 by learned J.M. 1st Class, Motihari at East Champaran whereby and whereunder the learned J.M. 1st Class has been pleased to take cognizance for offence punishable under section 498A of the Indian penal code.
3. At the outset, it is pointed out by learned counsel for the petitioner that in para no. 6 of the order dated 13.05.2025 at the fifth line Rs. 5,00,000/- was mentioned inadvertently in place of Rs. 7,50,000/-. The order dated 13.05.2025 be read with aforesaid corrections.
4. As per the case of prosecution the daughter of the complainant/ O.P. No. 2 namely, Namrata Singh married with petitioner no. 3 namely, Ankit Kumar on 10.02.2022 whereafter petitioners collectively raised demand of dowry and due to non-fulfillment of the same daughter of the complainant/ O.P. No. 2 was tortured physically and mentally. A demand for four wheeler car was also raised from complainant. It is also alleged that the daughter of the complainant became pregnant and was aborted forcibly against her will by petitioner no. 3 and her family members, whereafter she was forcibly ousted from her matrimonial, whereafter present case was lodged.
5. It is submitted by learned counsel appearing for the petitioner that the daughter of the complainant left the house of the petitioners just after 28 days of her marriage with petitioner no. 3. It is pointed out that the behavior of the daughter of the complainant was doubtful from very beginning and therefore apprehending false implication an informatory petition under Section 39 of Cr.P.C. was filed before the learned CJM, Sitamarhi bearing no. 526 of 2022 on 20.06.2022, before lodging present case. It is also pointed out that one Rakesh Singh, who is brother of the complainant and also the witness of the present complaint case, 5. It is submitted by learned counsel appearing for the petitioner that the daughter of the complainant left the house of the petitioners just after 28 days of her marriage with petitioner no. 3. It is pointed out that the behavior of the daughter of the complainant was doubtful from very beginning and therefore apprehending false implication an informatory petition under Section 39 of Cr.P.C. was filed before the learned CJM, Sitamarhi bearing no. 526 of 2022 on 20.06.2022, before lodging present case. It is also pointed out that one Rakesh Singh, who is brother of the complainant and also the witness of the present complaint case,
6. Leaving further argument on merit, it is straightaway submitted that now matter amicably compromised between the parties, and in pursuant thereof a joint compromise petition dated 27.06.2025 was filed on affidavit before this Court. It is submitted that now the daughter of the complainant/ O.P. No. 2 namely, Namrata singh and petitioner no. 3 who is the husband amicably resolved their dispute and decided to dissolve their marriage by way of their mutual consent against permanent alimony of Rs. 20,00,000 (Rupees Twenty lakhs) out of which petitioner no. 3 decided to pay Rs. 5,00,000/- (Rupees Five lakhs) to daughter of the O.P. No. 2 at the time of quashing of criminal cases including present criminal case and Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand) at the time of first motion of divorce and rest of Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand) at the time of second motion. Parties also agreed upon to quash all criminal cases as filed against each others. Acting upon compromise, the petitioner no. 3 handover the demand draft of Rs. 5,00,000/- (Rupees Five lakhs) drawn at Axis Bank Ltd, Sitamarhi, Patna to O.P. No. 2 namely Namrata Singh who is present before the Court and received the draft in presence of her lawyer. She also affirmed the compromise and stated that she has no objection to quash all criminal cases including present case as filed by her against petitioners.
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