KAMENDRA KISHORE VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 13.11.1995 passed in Complaint Case No. 780/95 whereby cognizance of the offence under section 500 of the Indian Penal Code was taken against the petitioner.

(2.) OPPOSITE party no. 2 filed the above mentioned complaint case before the Chief Judicial Magistrate, Patna stating therein that he lodged a criminal case bearing Jakkanpur P. S. Case No. 70/94 for the offence under section 3/4 of the Dowry Prohibition Act, 1961 against the petitioner and his family members that they refused to marry his daughter on account of non -fulfillment of demand of dowry. The case was investigated and charge -sheet was submitted on 30.4.1995 against the petitioner and his family members for the offence under section 3/4 of Dowry Prohibition Act and accordingly, cognizance was taken. During the course of investigation the petitioner filed a petition on 10.12.94 before the Additional superintendent of Police Patna Sadar wherein it was wrongly stated that his unmarried daughter had illicit relation with her brother -in law Anil Kumar and Anil Kumar had criminal antecedent. The son of opposite party no. 2, namely, Deepak Kumar Verma and Sanjay are involved in destructive works and family members of opposite party no. 2 are suffering from chronic disease. The said allegations had been made in the petition only with a view to tarnish his image and to bleak future prospect of marriage of his daughter and as such the petitioner has committed offence under section 500 of Indian Penal Code.

(3.) LEARNED counsel for the petitioner contended that the learned magistrate while taking cognizance under section 500 of Indian Penal Code has failed to consider exception 8 & 9 of Section 499 of Indian Penal Code and as such the cognizance is bad in law. Whereas, learned counsel for the Opposite parties contended that false allegation was made against his unmarried daughter, Anil Kumar and his sons Deepak Kumar Verma and Sanjay without making any enquiry only with a view to tarnish his image and bleak future marriage prospect of his daughter, and as such the same is not covered under exception 8 & 9 of Section 499 of Indian Penal Code.