Tuesday, August 13, 2013

Dowry case happily filed 2 yrs AFTER alleged demand & 8yrs after marriage. Quashed against parents. Husband to continue fight. Patna HC


Dowry case happily filed 2 yrs AFTER alleged demand date & eight years after marriage. Quashed against parents. Husband to continue fight. Patna HC 


notes
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* marriage scheduled on 13.2.2000 with Agnibesh Singh 
* LUCKILY .... yep luckily that guy is found unsound !!
* so marriage done with brother of Agnibesh, on Damodar Singh .. the bakra in question
* woman happily files dowry case in year 2008 , saying they tortured her for dowry in year 2006 !! (don't ask who "they" ...the usual "they" the husband and in laws 
* case appreciated and quashed by patna HC against parents..


*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM PATNA HC WEB SITE 
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15800 of 2009
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Damodar Singh, Son of Biswanath Singh, Resident of Village Boksa, P.S. 
Buxar Muffasil, District Buxar.
**** **** Petitioner

Versus

1. The State of Bihar.
2. Rita Devi, Wife of Deobrat Singh (wrongly described), Resident of 
Village Boksa, P.S. Buxar Muffasil, District Buxar, at present Daughter 
of Sidhnath Singh, Village and P.O. Nadon, P.S. Buxar Muffasil, 
District Buxar.
**** **** Opposite Parties
******************************************************


with
Criminal Miscellaneous No.34646 of 2010
******************************************************
1. Shanmukha Devi, Wife of Damodar Singh.
2. Deobrat Singh, Son of Damodar Singh.
Resident of Village Boksha, P.S. Buxar Muffasil, District Buxar.
**** **** Petitioners

Versus

1. The State of Bihar.
2. Rita Devi, Wife of Deobrat Singh (wrongly described), Daughter of 
Sidhnath Singh, Resident of Village Boksha, P.S. Buxar Muffasil, 
District Buxar, at present Resident of Village & P.O. Nadaon, P.S. 
Buxar Muffasil, District Buxar.
**** **** Opposite Parties
******************************************************

Appearance :
(In Cr.Misc. No.15800 of 2009)
For the Petitioner : Mr. Binod Kumar Sinha, Sr. Advocate
Mr. Braj Kishore Singh, Advocate
For O.P. No. 2 : Mr. Bharat Lal, Advocate
For the State : Mr. Jharkhandi Upadhyay, A.P.P.
(In Cr.Misc. No.34646 of 2010)
For the Petitioners : Mr. Binod Kumar Sinha, Sr. Advocate
For O.P. No. 2 : Mr. Bharat Lal, Advocate
For the State : Mr. Suresh Prasad Singh, A.P.P.
******************************************************

CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH

ORAL ORDER

The petitioner seeks permission to withdraw the application with regard to petitioner no. 2 of Cr. Misc. No. 34646 of 2010 to raise all these points at the relevant stage which is allowed with a direction to the trial court to expedite the proceeding.

The rest of the petitioners who are the parents in-laws of the complainant seek quashing of the entire proceedings including the order of cognizance dated 20.10.2008, passed by the Sub-divisional Judicial Magistrate, Sadar Buxar, in Complaint Case No. 873(C) of 2008/3080 Tr. of 2008 so far as it relates to Damodar Singh and Shanmukha Devi.

The case of the complainant is that she was scheduled to be married on 13.2.2000 with Agnibesh Singh who happened to be the elder son of the petitioners. Later on they learnt that Agnibesh Singh was mentally unsound, on account of which the accused persons started to plead that she be married to the younger brother at which the marriage was performed on the said date and Gauna in March, 2003. Out of the wedlock, a son was born in 2005. After 2006, there was change in behaviour of the accused persons and they started to demand a sum of Rs. 1,50,000/- on the pretext that it was required for procuring a job. When the complainant's family was unable to satisfy the demand, she was assaulted and tortured. In 2006, the accused persons are attempted to burn her whereafter she was also turned away from her matrimonial house.

It has been submitted on behalf of the petitioners that the allegation against them is general and omnibus in nature. Moreover, it is unbelievable that after a number of years, the accused persons would demand money from the family of the complainant. It is also submitted that the demand of money for the purpose of procuring the job does not come within the definition of dowry. The further submission is that even though specific overt act has been alleged against the accused of the year 2006 but a complaint in this regard was made after two years i.e. on 11.8.2008 which does not appear to be believable. It is under these circumstances that the petitioners pray exoneration from their prosecution.

On the other hand, counsel for the complainant submits that there are several instances when the petitioners had dealt with the complainant in a cruel manner and tortured her and, therefore, they should be prosecuted. However, there is no answer as to why the complaint was delayed.

Considering the facts and circumstances of the case, the application is allowed and the proceedings including the order of cognizance dated 20.10.2008, passed by the Sub-divisional Judicial Magistrate, Sadar Buxar, in Complaint Case No. 873(C) of 2008/3080 Tr. of 2008 is hereby quashed so far as it relates to Damodar Singh and Shanmukha Devi.


(Anjana Prakash, J.)

Sanjay/-



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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist