Patna High Court
Smt. Asha Rani Gupta and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The order of cognizance dated 10‑09‑2014 is quashed with respect to petitioner no.2.
Summary
The petitioners sought to quash the Sub‑Divisional Judicial Magistrate's order of cognizance dated 10‑09‑2014 that had taken cognizance of them under IPC sections 498A, 323, 420 and Dowry Prohibition Act sections 3/4 in a dowry‑related complaint. Petitioners 1 and 3 withdrew their applications, leaving only petitioner 2, who is the complainant's brother‑in‑law, to contest the order. Counsel argued that the magistrate had not applied mind and that no specific dowry demand or assault was attributable to petitioner 2, making the allegation against him false and merely omnibus. The State opposed the prayer. The Court relied on Supreme Court judgments (Preeti Gupta v State of Jharkhand, Kahkashan Kausar v State of Bihar, Achin Gupta v State of Haryana) that condemn false implication of relatives in matrimonial disputes. Consequently, the Court allowed the petition for petitioner 2 and quashed the order of cognizance against him, while the proceedings against other co‑accused were left to continue.
Issues considered
- Whether the order of cognizance under IPC 498A, 323, 420 and D.P. Act sections 3/4 against petitioner no.2 is valid in the absence of specific allegations against him.
- Whether a general omnibus allegation suffices to sustain cognizance against a relative in a dowry dispute.
- Whether the magistrate applied sufficient judicial mind while taking cognizance.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 420, 498A
Subjects
- dowry harassment
- false implication
- order of cognizance
- IPC 498A
- Dowry Prohibition Act
- quash
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12856 of 2016
Arising Out of PS. Case No.-26940 Year-2014 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Smt. Asha Rani Gupta W/o Shri Raj Kumar Gupta
2. Sawan Kumar Gupta S/o Shri Raj Kumar Gupta Both resident of Mohalla-
Shivpuri, C.P. Thakur Path, P.S.- Shashtrinagar, District- Patna.
3. Raj Kumar Gupta, S/o Late Ayodhya Prasad Gupta Resident of Mohalla-
Jakkanpur, Near Maharani Mandir, Near M. Lakhan Flat, P.S.- Jakkanpur,
District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Smt. Sarita Gupta W/o Shri Dhiraj Kumar & D/o Shri Awadh Kishore Gupta
Resident of Mohalla- Biwiganj, Maidatoli, Danapur Cantt., P.S.- Danapur,
District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhu Prasun
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 07-01-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioners for setting aside/quashing the order of cognizance
dated 10.09.2014 by which the Sub-Divisional Judicial
Magistrate, Patna took cognizance under Sections 498A, 323,
420 of the Indian Penal Code and under Section 3/4 of D.P. Act
against the petitioners in connection with Complaint Case No.
26940 © of 2014.
3. As per the prosecution case, the petitioners along
Patna High Court CR. MISC. No.12856 of 2016(5) dt.07-01-2026
2/3
with other co-accused persons are said to have tortured and
ousted the opposite party no.2 from her matrimonial home over
non-fulfillment of dowry.
4. At the very outset, learned counsel for the
petitioners prays for and is permitted to withdraw application
filed on behalf of petitioners no.1 and 3 with liberty to raise the
grounds at an appropriate stage.
5. The application of the petitioners no. 1 and 3 is
dismissed as withdrawn with the aforesaid liberty.
6. Learned counsel for the petitioner submits that so
far as petitioners no. 2 is concerned, he is the brother-in-law
(Bahisur) of the complainant and there is general and omnibus
allegation against him.
7. Learned counsel for the petitioners next submits
that the learned Magistrate has passed the impugned order of
cognizance without application of mind and has taken
cognizance against all the accused persons including the
petitioners no. 2. He further submits that the petitioners no. 2
had never demanded dowry or assaulted the opposite party no.2
and the allegations made against him are false.
8. Learned counsel for the State has opposed the
prayer of the petitioner no. 2.
Patna High Court CR. MISC. No.12856 of 2016(5) dt.07-01-2026
3/3
9. The Hon'ble Supreme Court in the case of Preeti
Gupta & Anr. Vs. State of Jharkhand & Anr reported in (2010)
7 SCC 667, in the case of Kahkashan Kausar alias Sonam Vs.
State of Bihar reported in (2022) 6 SCC 599 and in the case of
Achin Gupta Vs. State of Haryana & Anr reported in 2024
SCC Online SC 759 has deprecated the practice of falsely
implicating the relatives of the husband in a matrimonial
dispute.
10. Considering the fact that the petitioner no. 2 is the
member of the family and he is not directly involved in the
demand of dowry, this application is allowed with respect to the
petitioner no. 2 only.
11. Accordingly, the order of cognizance dated
10.09.2014 passed by the Sub-Divisional Judicial Magistrate,
Patna in connection with Complaint Case No. 26940 © of 2014,
is hereby quashed with regard to the petitioner no. 2 only.
12. The proceedings with regard to other co-accused
persons shall continue.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…