PATNA, India, Nov. 21 -- Patna High Court issued the following judgment on Oct. 30:

Heard learned counsel appearing on behalf of the petitioners; learned counsel for the opposite party no. 2 and learned APP for the State.

2. The present application has been filed under Section 482 Cr.P.C. for quashing of the order taking cognizance dated 03.08.2024 passed in Complaint Case No. 677C of 2023 by the learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda, whereby cognizance has been taken under Sections 498A and 323 of the Indian Penal Code.

3. The allegation is of subjecting the opposite party no.2 to various sorts of torture due to non-fulfillment of the demand of the dowry. It is further alleged that petitioner no. 1, who is the husband of opposite party no. 2 is having illicit relationship with the wife of his elder brother (Bhabhi).

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner no. 1 is the husband of opposite party no. 2 and petitioner no. 2 is sister-in-law (gotni) of opposite party no. 2. He further submitted that a triangular love story has been hatched to implicate the petitioner no. 1 in a false case. Petitioner is employed in Indian Railways and he denies all the allegations as has been alleged in the complaint. Learned counsel further informs that petitioner is ready to live peacefully with his wife (opposite party no. 2). Learned counsel further informs that petitioner is not having any illicit relationship with the wife of his elder brother, who was aged about 32 years at the time of filing of the present application. Petitioner has all regard to his Bhabhi and love for his wife. On these grounds, learned counsel seeks quashing of order of cognizance dated 03.08.2024 passed in Complaint Case No. 677C of 2023 by the learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda.

5. Per contra, learned counsel appearing on behalf of the opposite party no. 2 informs that the opposite party no. 2, who is wife of the petitioner no. 1 and is aged about 21 years, also wants to live along with the petitioner no. 1 subject to the conditions that petitioners will not subject her to any cruelty nor they will demand any dowry in future.

6. Heard the parties.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMyNjkxIzIwMjUjMSNO-QsuKPyObs2I=

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