PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

1Heard learned counsel appearing on behalf of the parties.

2.Present petition is filed by the petitioners under Section 482 of Cr.P.C. for quashing the cognizance order dated 13.12.2023 as passed by Court of learned SDJM, Begusarai, whereby and where under the learned Court took cognizance against these petitioners in Mahila P.S. Case No. 08 of 2023 for the offence punishable u/s 498-A, 504, 506, 406, 354/34 of the I.P.C. and section 3 /4 of D.P. Act.

3.Prosecution story in brief speaks that O.P. No. 2 namely, Sarita Kumari solemnized her marriage with one Vikash Kumar on 30.01.2020 according to Hindu rituals. On pretext of marriage parents of OP. No. 2 gifted Rs. 5 lacs of furniture, ornaments and one Apache motorcycle etc. to husband of O.P. No. 2 but after 4 to 5 days all accused persons named in F.I.R. demanded further Rs. 2 lacs and one four wheeler vehicle and due to non fulfillment of aforesaid demand of dowry they started torturing her mentally and physically. Further, a panchayati was commenced but accused persons did not accepted the terms set out by mediators. It is also alleged that one Saroj Kumar (Nandoshi of the informant) came at village Rajaura and tried to commit rape upon her.

4.After completion of investigation police submitted charge-sheet against husband of O.P. No. 2 namely, Vikash Kumar and both petitioners namely, Meera Devi, who is mother-in-law and Ashok Kumar @ Ashok Kumar Ray, who is father-in-law. Learned trial court upon perusal of materials available on record also took cognizance for the offences punishable under Sections 341, 323, 498-A, 504, 506, 354/34 of the I.P.C. and section 3/4 of D.P. Act against above named three accused persons agreeing with the charge-sheet.

5. It is submitted by learned counsel appearing for the petitioners that upon perusal of FIR, it appears that allegation qua demand of dowry and also of mental and physical assault appears very much general and omnibus against petitioners, who are mother-in-law and father-in-law. It is submitted that they have least concern with daily and domestic affairs of O.P. No. 2 and her husband namely, Vikash Kumar. It is submitted that the thrust of allegations is available against husband of O.P. No. 2 and also one Saroj Kumar (Nandosi) regarding attempt of rape, which upon investigation found false. It is pointed out that the implication of petitioners with present case appears only for the reason that they are parents of the husband of O.P. No. 2 and for same oblique and ulterior motive, the present malicious prosecution was lodged against them.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM0OTMwNSMyMDI0IzEjTg==-83vfArrMW1U=

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