ASHWANI KUMAR @ ASHWANI CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) (CAV) - In both the writ applications aforesaid common question has been raised that on the basis of same facts two FIRs are not permissible in view of the settled principles of law and prayer is for quashing of one out of the two FIRs.

(2.) Learned counsel for the petitioners submits that for matrimonial dispute between the parties Athamalgola Police Station Case No. 125 of 2015 was registered on the complaint of Sneha the wife of petitioner Ashwani Kumar and Bela Police Station Case No. 18 of 2015 was registered on the written report of Prabhat Kumar the full-brother of Sneha. A bare perusal of both the FIRs would reveal that for same matrimonial dispute both the cases have been lodged, hence, continuance of both would be an abuse of the process of the court.

(3.) On the other hand, learned counsel for the respondents submits that when two FIRs relates to different offences committed against different set of persons on different dates and at different places and were lodged by two different persons it cannot be quashed only for the reason that there is matrimonial dispute. A bare perusal of both the FIRs makes it abundantly clear that both relates to different offences committed on different dates against different sets of persons. The petitioners of Cr.W.J.C. No. 1245 of 2015 are accused in connection with Athamalgola Police Station Case No. 125 of 2015 registered on 02.06.2015 on the basis of Complaint Case No. 373C of 2015 filed on 21.05.2015 by respondent no. 2 Sneha. The learned Magistrate directed institution of a police case and investigation of the same in exercise of power under Sec. 156(3) Crimial P.C. The complaint was for offences under Sections 323, 406 and 498A of the Indian Penal Code as well as Sections 3/4 of the Dowry Prohibition Act against her husband and other in-laws for the occurrence, allegedly, committed from 102012 onwards i.e. from the very next day of marriage on 12.02012 with co-accused Ashwani Kumar.