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Judgment
Heard the parties.
The present petition has been filed for quashing the order dated 31.08.2016 passed by learned S.D.J.M., Barh, Patna in complaint Case No. 198(C)/2016, through which the learned trial court took cognizance for the offences punishable under Sections 498A and 420 of the Indian Penal Code against the petitioners.
The prosecution case in short speaks that complainant Tulsi Devi got married with Shashi Kumar on 12.05.2013 following the Hindu rituals and customs. The in-laws of complainant started demanding dowry of Rs. 1 lakh just after marriage. The father of the complaint fulfilled the demand of dowry and managed to provide Rs. 1 lakh to the in-laws of the complaint, but again the in-laws started demanding dowry of Rs. 50,000, which the complainant did not fulfil and afterwards, all the family members started torturing her and ousted her from the matrimonial house on 09.03.2016 due to non fulfillment of demand of dowry.
It is submitted by learned counsel appearing for the petitioners that both petitioners are in-laws and allegation regarding demand of dowry is appearing very much general and omnibus against them. It is submitted that both petitioners live separately and they have no connection with daily and domestic affairs with OP No. 2/complainant and her husband. It is pointed out that just to harass the entire family members, out of oblique motive, these petitioners, who are old age parents of the husband of the OP No. 2/complainant, were implicated with present crime in question.
Arguing further, learned counsel submitted that as per instruction received, the matters between the parties now stands compromised.
Learned counsel further relied upon the legal report of Hon’ble Supreme Court as available through Abhishek vs. State of Madhya Pradesh reported in [2023 SCC Online SC 1083].
The factum of compromise was not disputed by learned counsel appearing for the complaint/OP No. 2.
In view of aforesaid as dispute between both parties stand compromised and as the both petitioners are in-laws facing very much general and omnibus allegation, accordingly, by taking note of Abhishek case (supra), the impugned cognizance order dated 31.08.2016 qua both above-named petitioners as passed by learned S.D.J.M., Barh, Patna is hereby set-aside/quashed with all its consequential proceedings.
Accordingly, the present petition stands allowed.
Let the copy of the judgment be sent to learned trial court forthwith with TCR, if any.