IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37191 of 2007
1. JYOTISH NARAYAN SRIVASTAVA SON OF LATE THAKUR
PRASAD
2. MANJU DEVI, W/O- JYOTISH NARAYAN SRIVASTAVA
3. PANKAJ KUMAR, SON OF JYOTISH NARAYAN SRIVASTAVA
4. REKHA DEVI,, W/O- PANKAJ KUMAR.
5. RANJAN KUMAR, SON OF SRI JYOTISH NARAYAN SRIVASTAVA
6. SONI, W/0- PANKAJ KUMAR
ALL ARE RESIDENTS OF MOHALLA- GOLA, BANDH ROAD, P.S.-
TOWN, DISTIRCT- MUZAFFARPUR.
Versus
THE STATE OF BIHAR
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6 12.08.2010 Learned counsel for the petitioners states that during
the pendency of this application, petitioner no. 1 died. He,
therefore, submits that the present application has become
infructuous so far as petitioner no. 1 (Jyotish Narayan Srivastava)
is concerned.
Petitioner nos. 2 to 6 are the in-laws of the O.P. no. 2.
They seek quashment of the F.I.R.. F.I.R. (Muzaffarpur Town
P.S. case no. 370 of 2006) was instituted under Section 498A
and Sections 3 and 4 of Dowry Prohibition Act. The lodging of the
aforesaid F.I.R. has been charged on the sole ground that the
accused-husband of the informant (O.P. no. 2) entered into a
compromise on 1.11.2006 which was relied upon by the learned
court below while releasing the accused-husband on bail. It is
further contended that the police have made extensive
investigation into the allegation and if found the allegations to be
true, charge-sheet has already been prepared and filed on
13.9.2007.
Learned counsel for O.P. no. 2 submits that the said
2
compromise was entered into only with a view to get her husband
released on bail. It is stated that pursuant to the said agreement,
she was allowed to come back to the matrimonial home but
subsequently again ousted therefrom.
This Court on a consideration of the materials on
record placed on record is satisfied that the prayer of the
petitioners has no merit.
There is no merit in the application. It is accordingly
dismissed.
( Kishore K. Mandal, J. )
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