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Patna High Court

AtulversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the FIR contains only vague, omnibus allegations that do not prima facie establish the ingredients of the offences, particularly Section 498A, and therefore the criminal proceeding is an abuse of process and must be quashed.

Summary

The petitioner, Atul, filed a petition under Section 482 of the CrPC seeking to quash the order of cognizance dated 08‑09‑2017 passed by the Sub‑Divisional Judicial Magistrate in a case alleging offences under Sections 323, 504, 506, 498A and 379 IPC arising from a matrimonial dispute. The FIR alleged mental cruelty, dowry‑related harassment and assault but the petitioners argued that the allegations were vague, lacked specific details, were unsupported by medical or corroborative evidence, and that the complainant had later retracted her statements. The State contended that the FIR disclosed a prima facie case. The High Court examined the material, held that the allegations were general and omnibus, did not disclose the essential ingredient of "cruelty" under Section 498A, and that the proceeding was an abuse of process. Consequently, the Court set aside the magistrate’s order and quashed the criminal proceedings against the petitioner. The application was allowed.

Issues considered

  • Whether the FIR and charge‑sheet disclose a prima facie case of offences under Sections 323, 504, 506, 498A and 379 IPC.
  • Whether the allegations constitute specific instances of cruelty and dowry demand as required under Section 498A IPC.
  • Whether the criminal proceeding is an abuse of process and should be quashed under Section 482 CrPC.

Legislation cited

Subjects

  • Section 498A
  • dowry harassment
  • quashing criminal proceedings
  • Section 482 CrPC
  • abuse of process
  • marital dispute
  • omnibus allegations
  • cruelty
  • Indian Penal Code
  • Criminal Procedure Code

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.11320 of 2018
         Arising Out of PS. Case No.-52 Year-2017 Thana- MAHILA PS District- Darbhanga
     ======================================================
     Atul, Son of Late Shashi Bhushan Lal Karn, Resident of Village-Mahinam,
     P.S.-Bahera, District-Darbhanga Present residing at B.R.T.S. Quarter no. B/C-
     1/61 Barauni, P.S.-Barauni Town, District-begusarai.

                                                                       ... ... Petitioner/s
                                           Versus
1.   The State of Bihar.
2.   Khushboo Kumari, D/o Nityanand Mallik, R/o-HIG-109, Housing Board,
     Laheriyasarai, District-Darbhanga

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Ms. Shama Sinha, Advocate
                                      Mr. Vijayansh Pratap Singh, Advocate
                                      Mr. Surya Prakash, Advocate
     For the Opposite Party/s :       Mr. Murlidhar, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                         C.A.V. JUDGMENT
      Date : 29-06-2026

                       1. Heard learned counsel for the petitioner as well as

      learned APP for the State.

                       2. The present application has been filed under

      Section 482 of the Code of Criminal Procedure, 1973 (hereinafter

      referred to as ‘Cr.P.C.’) for quashing the order dated 08.09.2017

      passed by the learned Sub-Divisional Judicial Magistrate,

      Darbhanga (hereinafter referred to as ‘Magistrate’) in connection

      with TR- 3543 of 2017 arising out of Mahila P.S. Case No.52 of

      2017, wherein the learned Magistrate took cognizance for the

      offences punishable under Section 323, 504, 506, 498A and 379

      read with Section 34 of the Indian Penal Code, 1860 against the
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         the petitioner herein, who is the husband of O.P. No.2 and two

         other accused persons (in-laws of O.P. No.2).

                         3. The facts of the case, in brief, as per the F.I.R., is

         that the marriage between the petitioner and the informant (O.P.

         No.2) was solemnized on 11.12.2005 as per Hindu rites and

         customs, and at the time of marriage she got gift valued at Rs.15

         lakhs by her parents and relatives. It is alleged that petitioner and

         his family members were not satisfied with the aforesaid gift and

         used to taunt in this regard causing mental cruelty to her. Two

         children (a daughter in 2008 and a son in October 2009) were

         born out of their wedlock. The petitioner who is an Engineer,

         working in Indian Oil Corporation, purchased a flat in Greater

         Noida where they started to live but behavior of the accused

         persons did not change and they continued to misbehave with the

         informant (O.P. No.2). On transfer of the petitioner to Barauni,

         they shifted in a quarter provided by the Refinery at Begusarai,

         where also the petitioner used to assault and misbehave with her.

         It is further alleged that on 11/12.05.2017 in the night the

         petitioner came with a girl and bottle of wine which was opposed

         by the informant (O.P. No.2), whereafter the accused persons

         closed the informant (O.P. no.2) in a room and assaulted her.

         Subsequently, the police came there and warned the petitioner.

         The O.P. No.2 has also alleged that on 12.05.2017 her ornaments
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         and belongings were taken away, and she was driven out from

         the house and due to this, she started living with her father in his

         house at Darbhanga. It is further alleged that the petitioner came

         to her parental house and also assaulted her and attempted to take

         away the children. On the basis of the aforesaid allegations,

         Darbhanga Mahila P.S. Case No.52 of 2017 was instituted under

         Sections 323, 504, 506, 498A and 379 read with Section 34 of

         the Indian Penal Code, and upon completion of investigation, the

         Investigating Officer submitted the charge-sheet against the

         accused persons.

                         4. On the basis of the said allegations, the learned

         Magistrate, vide impugned order dated              08.09.2017 took

         cognizance for the offences punishable under Sections 323, 504,

         506, 498A and 379 read with Section 34 of the Indian Penal

         Code against the accused persons named in the charge-sheet.

         Petitioner, being aggrieved by the said order of cognizance

         against him, has preferred this application praying to quash the

         impugned order dated 08.09.2017 passed against him by the

         learned Magistrate.

                         5. Learned counsel for the petitioner submitted that

         the essential ingredients of Section 498A of the Indian Penal

         Code, namely “cruelty” as defined under the Explanation thereto,

         are wholly absent in the present case. It is submitted that the
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         F.I.R. does not disclose any specific allegation of dowry demand,

         either direct or indirect, against the petitioner, and mere

         expression of dissatisfaction with gifts cannot be equated with a

         demand for dowry. Learned counsel submitted that the

         allegations are vague, omnibus and devoid of particulars such as

         date, time, place or manner of occurrence, and even the

         allegations of physical assault are not supported by any medical

         or corroborative evidence. It is submitted that no prima facie

         case is made out against the petitioner even under Section 498A

         of the Indian Penal Code.

                         6. Learned counsel for the petitioner further

         submitted that the F.I.R. suffers from inherent improbabilities

         and is attended with mala fide. It is submitted that there is an

         unexplained delay in lodging the F.I.R., which casts serious

         doubt on the veracity of the prosecution case. It is also submitted

         that prior to the institution of the present case, the petitioner had

         already filed information petitions before the competent Court

         apprehending false implication, which clearly indicates that the

         present case is a counterblast. Learned counsel submitted that

         certain allegations, including those relating to theft and assault,

         were not supported by the independent witnesses and they stated

         that the O.P. No.2 herself left the house with her valuable

         belongings and went with her father in absence of the petitioner.
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         It is submitted that the O.P. No.2 (informant) herself gave a

         written statement to Begusarai Police that she was not locked in

         the room, as alleged, and a simple quarrel took place between

         them and she was alright, thereby rendering the entire

         prosecution case doubtful.

                         7. It is further submitted that in the present case,

         there is (a) no ingredient of cruelty under Section 498A Indian

         Penal Code; (b) no allegation of dowry demand; (c) unexplained

         delay of 12 years; (d) voluntary abandonment of home and

         children by the O.P. No.2 (informant); and (e) written retraction

         of allegation by the O.P. No.2 (informant) are the factors which

         require the quashing of criminal proceeding against the

         petitioner.

                         8. Placing reliance upon the judgments of the

         Hon’ble Supreme Court in Ghanshyam Soni v. State (Govt. of

         NCT of Delhi), reported in 2025 SCC OnLine SC 1301; Achin

         Gupta v. State of Haryana and Anr., reported in (2025) 3 SCC

         756; and Rajesh Chaddha v. State of U.P., reported in 2025 SCC

         OnLine SC 1094, learned counsel submitted that continuation of

         criminal proceedings on the basis of general and omnibus

         allegations amounts to abuse of the process of law. The law is

         well settled that the Hon’ble High Court in exercise of powers

         conferred under Section 482 of Cr.P.C. must delve into the
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         material on record to assess what the complainant has alleged

         and whether any offence is made out even if allegations are

         accepted in toto. It is, thus, submitted that in view of the settled

         legal position and the facts of the present case, the impugned

         order of cognizance as well as the entire criminal proceeding

         against the petitioner and his family members are fit to be

         quashed in exercise of inherent jurisdiction of this Court.

                         9. Learned APP for the State submitted that the

         allegations made in the F.I.R. disclose prima facie commission of

         cognizable offences and the learned Magistrate has rightly taken

         cognizance.

                         10. Despite valid service of notice upon O.P. No.2,

         as reflected from the service report on record, none has appeared

         on her behalf to contest the present application. Hence, this Court

         proceeds to consider the matter in her absence.

                         11. Having heard learned counsel for the petitioner

         and learned APP for the State, and upon perusal of the materials

         available on record, this Court proceeds to examine whether the

         continuance of the criminal proceeding against the petitioner

         would be in the interest of justice or would amount to abuse of

         the process of the Court.

                         12. It is well settled that while exercising

         jurisdiction under Section 482 of the Cr.P.C., this Court is
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         required to examine whether the uncontroverted allegations made

         in the complaint and the materials brought on record disclose the

         commission of any offence. If the allegations are so absurd and

         inherently improbable that no prudent person can ever reach a

         just conclusion that there is sufficient ground for proceeding, or

         where the proceeding is manifestly attended with mala fide and

         has been instituted with an ulterior motive for wreaking

         vengeance, the same is liable to be quashed to secure the ends of

         justice.

                         13. At this stage, it is apposite to reproduce some

         relevant paragraphs of the judgment of Hon’ble Supreme Court

         in the case of Abhishek v. State of Madhya Pradesh, reported in

         (2023) 16 SCC 666 with respect to the contours of the power to

         quash criminal proceedings under Section 482 of the Cr.P.C. The

         Hon’ble Apex Court observed as under:

                                 “16. Instances of a husband's family
                                 members filing a petition to quash criminal
                                 proceedings launched against them by his
                                 wife in the midst of matrimonial disputes are
                                 neither a rarity nor of recent origin.
                                 Precedents aplenty abound on this score. We
                                 may now take note of some decisions of
                                 particular relevance. Recently, in Kahkashan
                                 Kausar v. State of Bihar [(2022) 6 SCC 599],
                                 this Court had occasion to deal with a
                                 similar situation where the High Court had
                                 refused [Mohd. Ikram v. State of Bihar, 2019
                                 SCC OnLine Pat 1985] to quash an FIR
                                 registered for various offences, including
                                 Section 498-AIPC. Noting that the foremost
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                                 issue that required determination was
                                 whether allegations made against the in-laws
                                 were general omnibus allegations which
                                 would be liable to be quashed, this Court
                                 referred to earlier decisions wherein concern
                                 was expressed over the misuse of Section
                                 498-AIPC and the increased tendency to
                                 implicate relatives of the husband in
                                 matrimonial disputes. This Court observed
                                 that false implications by way of general
                                 omnibus allegations made in the course of
                                 matrimonial disputes, if left unchecked,
                                 would result in misuse of the process of law.
                                 On the facts of that case, it was found that no
                                 specific allegations were made against the in-
                                 laws by the wife and it was held that allowing
                                 their prosecution in the absence of clear
                                 allegations against the in-laws would result
                                 in an abuse of the process of law. It was also
                                 noted that a criminal trial, leading to an
                                 eventual acquittal, would inflict severe scars
                                 upon the accused and such an exercise ought
                                 to be discouraged.
                                                xxxx xxxx xxxx
                                 19. Of more recent origin is the decision of
                                 this Court in Mahmood Ali v. State of U.P.
                                 [(2023) 15 SCC 488] on the legal principles
                                 applicable apropos Section 482 CrPC.
                                 Therein, it was observed that when an
                                 accused comes before the High Court,
                                 invoking either the inherent power under
                                 Section 482 CrPC or the extraordinary
                                 jurisdiction under Article 226 of the
                                 Constitution, to get the FIR or the criminal
                                 proceedings quashed, essentially on the
                                 ground that such proceedings are manifestly
                                 frivolous or vexatious or instituted with the
                                 ulterior motive of wreaking vengeance, then
                                 in such circumstances, the High Court owes a
                                 duty to look into the FIR with care and a little
                                 more closely. It was further observed that it
                                 will not be enough for the court to look into
                                 the averments made in the FIR/complaint
                                 alone for the purpose of ascertaining whether
                                 the necessary ingredients to constitute the
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                                 alleged offence are disclosed or not as, in
                                 frivolous or vexatious proceedings, the court
                                 owes a duty to look into many other attending
                                 circumstances emerging from the record of
                                 the case over and above the averments and, if
                                 need be, with due care and circumspection, to
                                 try and read between the lines.”

                         14. The Hon’ble Supreme Court in Achin Gupta

         (supra) has observed as under:

                                 “35. In one of the recent pronouncements of
                                 this Court in Mahmood Ali v. State of U.P.
                                 [Mahmood Ali v. State of U.P., (2023) 15
                                 SCC 488] , authored by one of us (J.B.
                                 Pardiwala, J.), the legal principle applicable
                                 apropos Section 482 CrPC was examined.
                                 Therein, it was observed that when an
                                 accused comes before the High Court,
                                 invoking either the inherent power under
                                 Section 482 CrPC or the extraordinary
                                 jurisdiction under Article 226 of the
                                 Constitution, to get the FIR or the criminal
                                 proceedings quashed, essentially on the
                                 ground that such proceedings are manifestly
                                 frivolous or vexatious or instituted with the
                                 ulterior motive of wreaking vengeance, then
                                 in such circumstances, the High Court owes
                                 a duty to look into the FIR with care and a
                                 little more closely. It was further observed
                                 that it will not be enough for the Court to
                                 look into the averments made in the
                                 FIR/complaint alone for the purpose of
                                 ascertaining     whether     the    necessary
                                 ingredients to constitute the alleged offence
                                 are disclosed or not as, in frivolous or
                                 vexatious proceedings, the court owes a duty
                                 to look into many other attending
                                 circumstances emerging from the record of
                                 the case over and above the averments and,
                                 if need be, with due care and
                                 circumspection, to try and read between the
                                 lines.”
                                                         (emphasis supplied)
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                         15. The Hon’ble Supreme Court in Ghanshyam

         Soni (supra) has observed as under:

                                 “11. As regards the Appellant, the
                                 purportedly specific allegations levelled
                                 against him are also obscure in nature. Even
                                 if the allegations and the case of the
                                 prosecution is taken at its face value, apart
                                 from the bald allegations without any
                                 specifics of time, date or place, there is no
                                 incriminating material found by the
                                 prosecution or rather produced by the
                                 complainant to substantiate the ingredients of
                                 “cruelty” under section 498A IPC, as
                                 recently observed in the case of
                                 Jaydedeepsinh Pravinsinh Chavda v. State of
                                 Gujarat and Rajesh Chaddha v. State of
                                 Uttar Pradesh. The Complainant has
                                 admittedly failed to produce any medical
                                 records or injury reports, x-ray reports, or
                                 any     witnesses    to   substantiate    her
                                 allegations………….”

                         16. At this juncture, it would be apposite to examine

         the nature of allegations levelled against the husband. While the

         husband ordinarily occupies a central position in a matrimonial

         dispute, criminal liability cannot be presumed merely on account

         of the marital relationship. The allegations must disclose specific

         acts or omissions attributable to him which satisfy the essential

         ingredients of the offences alleged. The distinction between a

         bald accusation and a legally sustainable allegation assumes

         significance while assessing whether the criminal prosecution

         deserves to continue. In this regard, the observations of the

         Hon’ble Supreme Court in Belide Swagath Kumar v. State of
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         Telangana and Anr., reported in 2025 SCC OnLine SC 2890 are

         instructive:

                                 “24. A bare perusal of the FIR shows that the
                                 allegations made by the complainant-
                                 respondent No. 2 are vague and omnibus.
                                 Other than claiming that the husband and his
                                 family along with the accused-appellant
                                 herein mentally harassed her with a demand
                                 of dowry, the complainant-respondent No. 2
                                 has not provided any specific details or
                                 described any particular instance of
                                 harassment. Although she has alleged that an
                                 amount totalling to Rupees One Crore was
                                 demanded by the accused-appellant and his
                                 family members, the complainant-respondent
                                 No. 2 has failed to put forth any evidence or
                                 material on record to elaborate or
                                 substantiate the same. Furthermore, the
                                 complainant-respondent No. 2 has failed to
                                 impress the court as to how the said alleged
                                 harassment has caused her any injury, mental
                                 or physical. There has been no remote or
                                 proximate act or omission attributed to the
                                 accused-appellant that implicates him or
                                 assigns him any specific role in the said FIR
                                 for the offence of 498A of the IPC. Merely
                                 stating that the accused-appellant has
                                 mentally     harassed     the    complainant-
                                 respondent No. 2 with respect to a demand of
                                 dowry does not fulfil the ingredients of
                                 Section 498A of the IPC especially in the face
                                 of absence of any cogent material or
                                 evidence on record to substantiate the said
                                 allegations. The term “cruelty” cannot be
                                 established without specific instances. The
                                 tendency of invoking these sections, without
                                 mentioning any specific details, weakens the
                                 case of prosecution and casts serious
                                 aspersions on the viability of the version of
                                 the complainant. Therefore, this Court cannot
                                 ignore the missing specifics in an FIR which
                                 is the premise of invoking criminal machinery
                                 of the State. In such cases involving
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                                 allegations of cruelty and harassment, there
                                 would normally be a series of offending acts,
                                 which would be required to be spelt out by
                                 the complainant against perpetrators in
                                 specific terms to involve such perpetrators
                                 into the criminal proceedings sought to be
                                 initiated against them and therefore mere
                                 general allegations of harassment without
                                 pointing out the specifics against such
                                 persons would not be sufficient to continue
                                 criminal proceedings.”

                         17. In the present case, upon careful scrutiny of the

         F.I.R. and the materials brought on record, this Court finds that

         the allegations levelled against the petitioner are largely general

         and omnibus in nature. The F.I.R. narrates a long span of

         matrimonial life from the year 2005 till 2017, however, it fails to

         attribute any specific overt act to the petitioner. The allegation

         regarding dissatisfaction with gifts at the time of marriage does

         not disclose any specific demand of dowry, which is a sine qua

         non for constituting an offence under Section 498A of the Indian

         Penal Code. Moreover, the other allegations relating to cruelty

         and harassment are stated in a vague and sweeping manner

         without any supporting material or contemporaneous complaint.

         There is force in the argument of learned counsel for the

         petitioner that the allegation of few taunts here and there is a part

         of everyday life which for happiness of the family are usually

         ignored. Specific details in respect of those taunts have not been

         disclosed.
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                         18. It further transpires that though allegations of

         physical assault and misappropriation of ornaments have been

         made, there is no medical evidence, injury report or any

         independent corroboration to substantiate such claims. The

         allegation of theft under Section 379 of the Indian Penal Code

         also appears to be bald and unsupported by any specific

         averment. The F.I.R. is conspicuously silent as to any concrete

         instance of wilful conduct on the part of the petitioner which

         could be said to be of such gravity so as to fall within the ambit

         of “cruelty” as defined under law.

                         19. Moreover, it can explicitly be inferred from

         perusal of the materials available on record, specially, the case

         diary, that on 11.06.2017, there was verbal altercation between

         the petitioner and the O.P. No.2, following which police arrived

         at their residence within the premises of Barauni Refinery

         Housing Colony, and they returned after some settlement

         between both the parties. Later, on 12.05.2017, as available from

         the records, O.P. No.2 along with both the children left the said

         house with her father and brother-in-law (jija). Subsequently, the

         F.I.R. bearing, Darbhanga Mahila P.S. Case No.52 of 2017 was

         registered on 18.06.2017.

                         20. This Court also cannot lose sight of the fact that

         no prior complaint to any authority with respect to any cruelty
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         between 2005 to 2017 during their conjugal life has been brought

         on record. The cumulative effect of the aforesaid circumstances

         indicates that the allegations are not only lacking in material

         particulars but also fail to prima facie constitute the offences

         alleged against the petitioner, and as such, allowing the criminal

         proceeding to continue would not be in the interest of justice.

                         21. It is further pertinent to note that even if the

         allegations contained in the F.I.R. are accepted in their entirety,

         they essentially disclose a strained matrimonial relationship and

         allegations of general discord between the spouses. The F.I.R.

         does not disclose any specific instance of unlawful demand for

         dowry made by the petitioner nor does it narrate any proximate

         act of such nature which could reasonably be construed as

         “cruelty” within the meaning of Explanation (a) or (b) to Section

         498A of the Indian Penal Code. The distinction between ordinary

         wear and tear of matrimonial life and conduct amounting to

         criminal cruelty must be scrupulously maintained. It is to be

         noted that criminal law cannot be permitted to be invoked on the

         basis of vague grievances and generalized allegations bereft of

         material particulars. In the considered view of this Court, the

         allegations, taken at their face value, fail to satisfy the

         foundational ingredients of the offences alleged and, therefore,

         continuation of the prosecution would amount to permitting the
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         criminal process to be used for purposes for which it was never

         intended.

                         22. This Court has also examined the materials

         collected during investigation as reflected from the case diary.

         Significantly,      the    investigation       has   not   unearthed   any

         independent material indicating a specific demand of dowry or

         any particular act attributable to the petitioner constituting

         cruelty within the meaning of Section 498A of the Indian Penal

         Code. The charge-sheet appears to have been submitted

         substantially on the basis of the statements reiterating the

         allegations made in the F.I.R. without any material improvement

         on the essential ingredients of the offences alleged. Mere filing of

         a charge-sheet cannot, by itself, justify continuation of a criminal

         prosecution when the foundational ingredients of the offence

         remain unsubstantiated.

                         23. Now, the law with respect to quashing of

         criminal proceeding is now well settled that while considering a

         prayer to quash the criminal complaint and the consequential

         proceedings at the threshold, the Court is required to examine

         whether the allegations made in the complaint along with

         materials in support thereof make out a prima facie case to

         proceed against the accused or not. The reference to the same has

         been made by the Hon’ble Apex Court in various judgments
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         including State of Haryana and Ors. v. Bhajan Lal and Ors.,

         reported in 1992 Supp (1) SCC 335 and Pradeep Kumar

         Kesarwani v. State of Uttar Pradesh & Anr., reported in 2025

         SCC OnLine SC 1947.

                         24. The present case, in the considered opinion of

         this Court, squarely falls within the parameters indicated by the

         Hon’ble Supreme Court in Bhajan Lal (supra), particularly the

         category where the allegations made in the F.I.R., even if taken at

         their face value and accepted in their entirety, do not prima facie

         constitute the offences alleged, and also the category where the

         criminal proceeding appears to have been instituted with an

         oblique motive arising out of a matrimonial discord. The

         continuation of such prosecution would therefore amount to

         abuse of the process of the Court and would result in miscarriage

         of justice.

                         25. Accordingly,          the      impugned   order   dated

         08.09.2017 passed by the learned Sub-Divisional Judicial

         Magistrate, Darbhanga in connection with TR No. 3543 of 2017

         arising out of Mahila P.S. Case No.52 of 2017, so far as it relates

         to the present petitioner, is hereby set aside and the entire

         criminal proceeding arising therefrom, qua the petitioner is

         quashed.

                         26. The present Criminal Miscellaneous Application
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                      is, accordingly, allowed.

                                      27. Let a copy of this judgment be communicated to

                      the Court concerned forthwith for needful.




                                               (Sunil Dutta Mishra, J)
Ritik/-
AFR/NAFR                          NAFR
CAV DATE                       16.06.2026
Uploading Date
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