Patna High Court
AURANGZEB @ MD. AURANGZEBversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the validity of the marriage is a factual issue that cannot be decided at the stage of taking cognizance; only a prima facie case is required.
Summary
Md. Aurangzeb filed a petition to quash the order dated 25 March 2022 of the Sub‑Divisional Judicial Magistrate, Dalsinghsarai, which had taken cognizance of offences under Sections 323 and 498A of the Indian Penal Code against him. The petition raised the question of whether the court could examine the validity of his marriage at the stage of taking cognizance. The High Court held that the validity of the marriage is a disputed question of fact that cannot be decided at the cognizance stage; only a prima facie case needs to be established based on the material on record. Consequently, the quash application was dismissed, but the petitioner was given liberty to raise all arguments when the charge is framed. The application was therefore disposed of without granting the relief sought.
Issues considered
- Whether a court may examine the validity of a marriage at the stage of taking cognizance of an offence under Section 498A IPC.
- Whether the order taking cognizance under Sections 323 and 498A IPC can be quashed on the ground of lack of factual determination of marriage validity.
Legislation cited
- Indian Penal Code — s. 323, 498A
Subjects
- Section 498A
- Domestic violence
- Cognizance
- Quash petition
- Marriage validity
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49459 of 2022
Arising Out of PS. Case No.-350 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Aurangzeb @ Md. Aurangzeb S/O Md. Azam @ Mohammad Azam Resident
Of Mohalla- Sufinagar Chhajji, P.S.- Bihar Sharif, District- Nalanda, At
Present Resident Of Mohalla- Sadarganj, P.S.- Dalsinghsarai, District-
Samastipur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Rehana Praveen W/O Aurangzeb @ Md. Aurangzeb Resident Of Mohalla-
Sufenagar Chhajji, P.S.- Bihar Sharif, District- Nalanda At Present Resident
Of Mohalla- Maulvichak Nawada, P.S.- Dalsinghsarai, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
: Ms. Asmita Bharti, Advocate
For the State : Mr. Abhay Kumar Roy, APP
For the O.P. No.2 : Mr. Alok Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 27-01-2026 Heard Mr. Sarvottam Kumar, learned counsel for the
petitioner, Mr. Abhay Kumar Roy, learned APP for the State and
Mr. Alok Kumar Sinha, learned counsel for the opposite party
no.2.
2. The present application has been filed on behalf of
the petitioner for quashing the order dated 25.03.2022 passed by
the learned S.D.J.M., Dalsinghsarai, Samastipur in C.R. No.350
of 2019 whereby and whereunder the learned Court concerned
took cognizance under Sections 323 and 498(A) of the Indian
Penal Code against the petitioner.
Patna High Court CR. MISC. No.49459 of 2022(4) dt.27-01-2026
2/2
3. The present case concerns an offence under Section
498A of the I.P.C. and the issues raised relates to disputed
question of fact with regard to validity of marriage, which in the
opinion of this Court, cannot be gone into at the stage of taking
cognizance and issuance of summons, where existence of a
prima facie case only has to be taken into consideration upon
considering the materials on record.
4. In such view of the matter, the present quashing
application is disposed of with the liberty to the petitioner to
raise all his arguments at the stage of framing of charge.
5. With the aforesaid liberty, the present application
stands disposed of.
(Soni Shrivastava, J)
anand/-
U T
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