IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42679 of 2024 Arising Out of PS. Case No.-178 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== 1. Mahesh Yadav @ Mahesh Prasad Yadav S/O Chutar Yadav R/O Mohalla- Daudwat, P.S- Habibpur, Distt.- Bhagalpur. 2. Partima Devi W/O Mahesh Yadav @ Mahesh Prasad Yadav R/O Mohalla- Daudwat, P.S- Habibpur, Distt.- Bhagalpur. ... ... Petitioner/s Versus 1. The State of Bihar. 2. Nitu Kumari D/o Dhuri Yadav R/O Village- Lailakh, P.S- Sabour, Distt.- Bhagalpur. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54781 of 2024 Arising Out of PS. Case No.-178 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== Vimal Kumar @ Vimal Yadav @ Aman Yadav Son of Mahesh Yadav @ Mahesh Prasad Yadav R/o Village- Daudwat, P.S.- Habibpur, Dist- Bhagalpur. ... ... Petitioner/s Versus 1. The State of Bihar. 2. Nitu Kumari Daughter of Dhuri Yadav, R/o Village- Lailakh, P.S.- Sabour, Dist- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 42679 of 2024) For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr.Dinesh Singh, APP (In CRIMINAL MISCELLANEOUS No. 54781 of 2024) For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 14-05-2025 Heard learned counsel appearing on behalf of the parties. 2. The present application has been preferred by the Patna High Court CR. MISC. No.42679 of 2024 dt.14-05-2025 2/4 petitioners for quashing the order dated 11.09.2023 passed by the learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour P.S. Case No. 178 of 2021 where learned Magistrate took cognizance against petitioners for the offences punishable under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. 3. The case of the prosecution in brief is that informant/O.P. No. 2, namely Nitu Kumari solemnized love marriage with petitioner Vimal Kumar @ Vimal yadav @ Aman Yadav. It is alleged further that after two months of marriage her husband, father-in-law, Mahesh Prasad Yadav, mother-in- law, Pritama Devi, started torturing her and raised demand of dowry for Rs. 2 lacs, motor cycle and one Bigha of land and, thereafter, threatened that if aforesaid demands were not fulfilled will solemnized second marriage of their son. It is also stated that her father had already given jewelry of Rs. 70,000/- and now he is not in position to give any dowry. She further alleged that she was ousted from her matrimonial house and, thereafter anyhow she reached her father’s house. Patna High Court CR. MISC. No.42679 of 2024 dt.14-05-2025 3/4 She further alleged that on 12.7.2021 at 4.00 P.M. her husband called her and threatened to kill her in case of non- fulfillment of demand of dowry 4. Learned counsel for the petitioners without arguing available merits, submitted that the matter compromised between the parties against sum of Rs. 4.5 lacs, which was paid to opposite party no. 2. It is submitted that payment was made against gifts, which was given by parents of opposite party no. 2, before solemnization of marriage. 5. The factum of compromise also approved by learned counsel Ms. Kshem Sharma, appearing for the opposite party no. 2. She also affirmed that opposite party no. 2 never solemnized marriage with son of petitioners, namely Vimal Yadav. 6. In view of compromise as aforesaid, continuation of this proceedings before the learned trial court would amount to abuse of process of court of law. Accordingly, order of cognizance dated 11.09.2023 passed by the learned Chief Judicial Magistrate, Bhagalpur, against petitioners and other co-accused persons in connection with Sabour P.S. Case Patna High Court CR. MISC. No.42679 of 2024 dt.14-05-2025 4/4 No. 178 of 2021, is hereby set aside and quashed to secure ends of justice with all its consequential proceedings. 7. Accordingly, present quashing petition stands allowed. 8. Let a copy of this judgment be sent to the learned trial court/concerned court forthwith. veena/- (Chandra Shekhar Jha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 14.05.2025 Transmission Date 14.05.2025