KAILASH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have filed this application for quashing the entire criminal proceeding against them in connection with Putki P.S. Case No. 22 of 1997 corresponding to G.R. No. 647 of 1997, including the order dated 5.7.1997 passed therein by learned Chief Judicial Magistrate, Dhanbad, whereby, the cognizance was taken against the petitioners for the offences under Sections 498A, 323 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

(2.) It appears that the petitioner Kailash Jha is the husband of the informant Rupam Devi Jha and the other two petitioners are the brother-in-law and mother-in-law of the informant, and against them there is allegation for subjecting the informant to cruelty and torture for the demand of dowry and of driving her away from the matrimonial home, It also appears that the same allegation was leveled against the co-accused persons namely, Bateshwar Jha and Smt. Mina Devi in the same FIR, against whom also cognizance was taken by the same impugned order dated 5.7.1997. It also appears that the said Bateshwar Jha and Smt. Mina Devi had filed Cr. Misc. No. 7151 of 1997(R) in this Court for quashing the FIR and the said order dated 5.7.1997 and the said Cr. Misc. No. 7151 of 1997(R) was allowed by order dated 24.8.199 by this Court quashing the entire proceeding against those co-accused persons in Putki P.S. Case No. 22 of 1997. Order dated 24.8.199 passed in Cr. Misc. No. 7151 of 1997(R) has been brought on record as Annexure 6 to this application. It also appears from the order dated 9.8.2007 passed in this case, that the informant of the present case has died.

(3.) Learned counsel for the petitioners has submitted that on the same allegation, the entire criminal proceeding as well as the impugned order dated 5.7.1997 passed by the Court below have been quashed by this Court in Cr. Misc. No. 7151 of 1997 (R). Accordingly, learned counsel for the petitioners has submitted that on the same ground, the proceedings and the impugned order against these petitioners be also quashed.