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Patna High Court

AURANGZEB @ MD. AURANGZEBversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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