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Patna High Court

RAJ KUMARversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that a prima facie case under Section 498A exists and therefore the order taking cognizance cannot be quashed.

Summary

Petitioner Raj Kumar, husband of Usha Kumari, filed an application to quash the order dated 06-06-2022 in which the Chief Judicial Magistrate had taken cognizance under Section 498A of the IPC and issued summons against him. He contended that the alleged demand for dowry was actually a business loan, that the complaint was vague and omnibus, and that the case was filed maliciously after a Domestic Violence Act proceeding. The opposite party countered that the complaint, supported by the complainant’s sworn statement and three witness testimonies, specifically alleged a demand for a Bullet motorcycle and Rs.2 lakh as dowry, followed by cruelty, forced eviction, and a second marriage. The High Court examined the material and held that the allegations prima facie disclose both dowry demand and cruelty, thereby establishing a case under Section 498A. Consequently, the Court found no reason to set aside the magistrate’s order and dismissed the petition to quash the proceedings.

Issues considered

  • Whether the allegations in the complaint disclose a prima facie case of dowry demand and cruelty under Section 498A of the IPC.
  • Whether the order taking cognizance under Section 498A should be quashed on the ground of lack of specific allegations or malicious prosecution.

Legislation cited

Subjects

  • dowry harassment
  • Section 498A
  • quash of criminal proceeding
  • prima facie case
  • malicious prosecution
  • domestic violence
  • cruelty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.398 of 2023
                  Arising Out of PS. Case No.-1744 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 RAJ KUMAR S/O AMIT KUMAR Resident of village and P.O. and P.S.-
                 Fuldomar, District- Banka, at present residing C/o Lalji Variety Sweets Sanat
                 Nagar, Rambag Lal Chowk, P.S.- Rambag District- Srinagar (Jammu and
                 Kashmir).

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    USHA KUMARI @ SANJANA GUPTA W/O RAJ KUMAR Resident of
                 village, P.O., and P.S.- Fuldomar district- Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Amaresh Kumar, Advocate
                 For the State          :      Mr. Bharat Lal, APP
                 For the O.P. No.2      :      Mr. Ramadhar Shekhar, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   22-01-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party

                   no.2/complainant.

                                 2. The present application has been filed on behalf of

                   the petitioner for quashing the order dated 06.06.2022 passed by

                   the learned In-Charge Chief Judicial Magistrate, Samastipur in

                   Complaint Case No.1744 of 2021 whereby and whereunder the

                   learned Court concerned took cognizance under Section 498(A)

                   of the Indian Penal Code against all the accused persons

                   including the present petitioner and summons have been issued.

                                 3. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.398 of 2023(5) dt.22-01-2026
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          the learned Court concerned has wrongly taken cognizance

          under Section 498(A) of the I.P.C. as the same is not being made

          out as against the petitioner, who is the husband of the opposite

          party no.2. He substantiates his arguments by the fact that the

          money that was being demanded by the accused persons

          including the present petitioner was for carrying out a business

          and hence, would not come within a purview of demand of

          dowry. It is further submitted that the allegations are totally

          general and omnibus in nature and no specific allegations have

          been made against the petitioner. Learned counsel has also

          submitted that for the same allegations the opposite party

          no.2/complainant has taken recourse to filing of a Domestic

          Violence Act case and the present case has been filed with a

          malicious motive, as such the same could be quashed on the

          ground of malicious prosecution.

                       4. Per contra, learned counsel for the opposite party

          no.2 opposed the present application by submitting that the

          complaint case filed by the opposite party no.2 is totally

          supported by the statement of the complainant on solemn

          affirmation and also by three witnesses examined during the

          inquiry. He has controverted the submission made by the

          learned counsel for the petitioner that there was no demand for
Patna High Court CR. MISC. No.398 of 2023(5) dt.22-01-2026
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          dowry as the Complaint and the complainant’s statement on

          oath clearly indicate that there was a demand for Bullet

          motorcycle and Rs.2 Lakh as dowry, which would facilitate the

          petitioner in carrying out his business. He has invited this

          Court’s attention to the fact that even after payment of the Rs.2

          lakh as dowry, the demand for Bullet motorcycle also continued

          and the opposite party no.2/complainant was subjected to

          extreme cruelty and torture and finally on 17.10.2021, she was

          forcefully ousted from the house keeping all her streedhan,

          jewellery etc.. So far as the argument of general and omnibus

          allegation is concerned, such argument would not fall good

          against the present petitioner, who happens to be the husband of

          the opposite party no.2 and who is primarily responsible for the

          welfare of his wife. Moreover, the allegations disclose even

          specific allegations against the husband of demand and torture,

          including the incident of 16.11.2021 during the course of

          Panchayati. It has also been submitted that the petitioner has

          now contracted a second marriage and has left the complainant

          along with her child in lurch and this very fact also adds to the

          offence of mental cruelty inflicted upon the opposite party no.2.

                       5. Taking into consideration the rival contentions of

          the parties, this Court is of the view that the allegations made in
              Patna High Court CR. MISC. No.398 of 2023(5) dt.22-01-2026
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                        the complaint case, prima facie, disclose the allegation of both

                        demand of dowry and consequent cruelty being inflicted upon

                        the opposite party no.2 and the said complaint also stands

                        supported by the statement of the complainant on solemn

                        affirmation and from the statement of the witnesses examined

                        during the inquiry. Upon consideration of such materials on

                        record, prima facie case under Section 498(A) has been found

                        and summons have been issued. This Court finds no convincing

                        reason to quash/set aside the order dated 06.06.2022 whereby

                        cognizance has been taken as at this stage it is only to be seen

                        whether prima facie case is made out or not and other details

                        need not be gone into.

                                     6. Upon such consideration of facts and circumstances

                        as also the settled law, the present application for quashing the

                        order dated 06.06.2022 passed by learned In-Charge Chief

                        Judicial Magistrate, Samastipur in connection with Complaint

                        Case No. 1744 of 2021 stands dismissed.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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