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

Heard learned counsel appearing on behalf of the petitioners, 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 dated 03.12.2024 passed by the learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No.310 of 2024, by which learned Chief Judicial Magistrate has taken cognizance of offence under Sections 498 A, 323, 313, 504 and 34 of the Indian Penal Code and Sections 3 and 4 of D.P. Act.

3. The allegation is of subjecting the complainant - 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 petitioners submitted that the learned District Court has not considered that the allegation is not against the society. He further submitted that the material available on record don't disclose any criminal element and without considering this aspect, the order taking cognizance against the petitioners cannot sustain in the eye of law. He further submitted that petitioner is Nanad of the O.P. No.2. Learned counsel further submitted that marriage is a sacred ceremony but little matrimonial skirmish suddenly erupts into hatred and the parties ponder to reconcile their dispute outside the 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.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMxNDk1NSMyMDI1IzEjTg==-Sh5--ak1--rJmpiYA=

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