Ganesh Prasad vs The State Of Bihar & Anr.

Heard the parties.

The present quashing petition has been preferred to quash order of cognizance dated 03.07.2015 passed in Complaint Case No. 823 of 2014 in which cognizance has been taken for the offences punishable under sections 323, 498(A), 504/34 of IPC, pending in the court of learned ACJM-1^st Class, Arwal (Jehanabad).

From the crux of complaint petition it appears that petitioner alleged to commit mental and physical cruelty upon complainant/ OP No. 2 due to non fulfillment of demand of dowry as raised for cash of Rs. 50,000/-, golden chain and motorcycle.

On the basis of aforesaid complaint and upon examination of complainant on oath, the learned Magistrate had took cognizance for the offences punishable under sections 323, 498(A), 504 & 34 of IPC against petitioner, who is the husband of the O.P. No. 2.

Learned counsel appearing for the petitioner submitted that O.P. No. 2 herself is not interested to continue her conjugal life with petitioner and left her matrimonial home on her own, therefore, the allegation of cruelty as committed by this petitioner and his family members which was raised through complaint petition is completely false and fabricated. It is submitted that last date of occurrence as alleged was 27.07.2014 but the complaint was filed on 08.09.2014 only without any just explanation regarding aforesaid delay.

It is submitted that the complaint petition is even not supported by affidavit which is contrary to the legal ratio settled through Priyanka Srivastava Vs. State of Uttar Pradesh [2015 (6) SCC 287].

Arguing further, it is submitted by learned counsel that O.P. No. 2 already solemnized her marriage with one Dheeraj Prasad, who is son of Late Kameshwar Prasad, residing in Dhanbad, Jharkhand. In support of his submission he pointed out Annexure-P/2 which is part of the supplementary affidavit dated 27.07.2026, brought on record in support of second marriage of O.P. No. 2, subsisting her first marriage with petitioner. It is submitted that in view of such development nothing survives in this matter, therefore, continuing of proceeding before the learned trial court would only amount to abuse of court process and as such same is fit to be set aside/ quashed.

Learned APP duly assisted by Mr. Braj Kishor Prasad, learned counsel for the informant, while opposing the petition also approved the factum of marriage of O.P. No. 2 as submitted aforesaid by learned counsel for the petitioner.

In view of all such aforesaid factual development as O.P. No. 2 already solemnized her marriage with another person, subsisting her marriage with this petitioner without getting it dissolved under due process of law, accordingly, this Court is convinced enough that continuing of this proceeding before learned trial court, would only amount to abuse of court process, therefore, impugned order of cognizance dated 03.07.2015 with all its consequential proceedings, qua above-named petitioner, as passed in Complaint Case No. 823 of 2014 by learned ACJM-1^st Class, Arwal, Jehanabad is hereby quashed and set aside.

Hence, this application stands allowed.

Trial Court Records, if any, be returned to learned trial court alongwith the copy of this judgment.