PATNA, India, July 7 -- Patna High Court issued the following judgment on July 1:
1. Heard learned counsel appearing on behalf of the parties.
2. Present petition is being filed by the petitioners for quashing the cognizance order dated 09.01.2023 under Sections 341, 323, 498 (A) and 34 of the IPC and Sections 3 and 4 of D.P. Act against petitioners in connection with Siwan Mahila P.S case no. 34 of 2021 by the learned S.D.J.M, Siwan.
3. That the prosecution story in short is that the O.P. No. 2 solemnized marriage with one Prabhat Kumar, S/o late Phulena Prasad on 7.12.2015 according to Hindu Rites and Rituals. After some time of marriage the husband of O.P. No. 2 demanded vehicle and money and after being refused her husband namely, Prabhat Kumar assaulted her, resulting fracture of her wrist and finally took the child in his custody.
4. It is submitted by learned counsel appearing for the petitioner that the allegation appears very much general and omnibus against petitioners who are cousin in-laws. It is submitted that admittedly petitioners are working with district hospital and living separately having no connection with daily and domestic affairs of O.P. No. 2 and her husband. It is pointed out that husband of O.P. No. 2 is serving in bank and presently posted at Goa. It is submitted that dispute arising out of ancestral home partition issue, where the petitioners being cousin in-laws were implicated falsely with present case. It is further submitted that O.P. No. 2 is working as teacher in government school and currently living at Chapra.
5. In support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Abhishek vs. State of Madhya Pradesh as reported in 2023 SCC OnLine SC 1083.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM1Mzc4NSMyMDI0IzEjTg==-Mtc7fUHHJKM=
Disclaimer: Curated by HT Syndication.
