Patna High Court
Ashok Kumar Choubey @ Ashok Choubey vs The State Of Bihar on 27 May, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5294 of 2022
Arising Out of PS. Case No.-346 Year-2018 Thana- JAKKANPUR District- Patna
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1. Ashok Kumar Choubey @ Ashok Choubey Son Of Aditya Jha R/O House
No. 33/12 Ground Floor, Old Rajendra Nagar Near Salwan Public School,
P.S.- Rajendra Nagar, New Delhi
2. Jaya Choubey Wife Of Ashok Kumar Choubey R/O House No. 33/12
Ground Floor, Old Rajendra Nagar Near Salwan Public School, P.S.-
Rajendra Nagar, New Delhi
3. Ms. Pooja Daughter Of Ashok Kumar Choubey R/O House No. 33/12
Ground Floor, Old Rajendra Nagar Near Salwan Public School, P.S.-
Rajendra Nagar, New Delhi
... ... Petitioner/S
Versus
1. The State of Bihar
2. Bimla Tiwari Wife Of O.P. Tiwari R/O Flat No.- 103, Jasumati Enclave
Kannulal Road, Mithapur, P.S.- Jakkanpur Town And District- Patna
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rampravesh Nath Tiwari, Adv.
Mr. Sachindra Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 27-05-2026
Heard learned counsel for the petitioners and learned
APP for the State.
2. The present application has been filed by the
petitioners invoking inherent jurisdiction of this Hon'ble
Court for quashing the order dated 14.09.2020 passed by the
learned Additional Chief Judicial Magistrate, Patna (In-
charge) in Jakkanpur P.S. Case No. 346 of 2018 whereby and
whereunder the learned Court has taken cognizance under
Sections 406, 420 of the Indian Penal Code and under Section
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¾ of the Dowry Prohibition Act.
3. The prosecution case in brief is that the informant
alleged that marriage of her daughter was fixed between
respective parents Ashok Kumar Choubey (petitioner no. 1)
and Om Prakash Tiwari. Ring Ceremony was held at Delhi at
the residence of Petitioner no. 1. On 12.05.2018, Petitioner no
1 visited Patna and informant's husband gave Rs. 6 lakhs cash
to him. On 15.06.2018 informant and her husband visited at
the residence of Petitioner no. 1 where the petitioners
demanded Rs. 10 lakh cash and one Honda City Car.
Thereafter, marriage was cancelled on 21.07.2018. Later the
marriage was attempted to be settled but due to unavoidable
issues the marriage negotiations broke down.
4. Learned counsel for the petitioner submits that the
parties had gathered before the SHO, Rajendra Nagar on
22.07.2018
i.e. the petitioner no. 1, the proposed bridegroom
and father of the bride. Both the parties gave a letter to the
SHO claiming that they have decided not to get the marriage
ceremony conducted and they have returned the goods of each
other and they have no complaint against each other.
Moreover, the girl filed FIR No. 182 of 2018 in the Rajendra
Nagar (New Delhi) Police Station. Counsel for the petitioner
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further submitted that police submitted final form in this case
bearing final report no. 493 of 2019 dated 31.10.2019 stating
that the case has been found to be false. However, learned
magistrate differing with the final form took cognizance under
Section 406, 420 of the Indian Penal Code and under Section
¾ of the Dowry Prohibition Act.
5. Learned APP for the State vehemently opposed the
submissions made by the learned counsel for the petitioners.
6. The crux of the allegation is that a marriage
negotiation went bad. Even though some gadgets or money
were exchanged but there is a document clearly showing that
the parties returned their gifts and settled their dispute
amicably. Still the instant case was filed and thereafter the
daughter of the informant filed Central Delhi Rajendra Nagar
P.S. Case No. 182 of 2018 on 19.09.2018. The lady in the FIR
has not stated that the document signed by the parties on
22.07.2018 was either forged or obtained by any wrongful
means. She has plainly written about the same and then has
stated that she wishes to lodge the FIR in view of the later
development.
7. In view of the matter that the dispute relating to
dowry and marriage was settled between the parties and the
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new FIR relates to allegation of molestation and continuance
of this prosecution is bad in law, malafide and abuse of the
process of the Court. The FIR lodged at Delhi is continuing
and the same may be taken to its logical conclusion. In view
thereof, order dated 14.09.2020 passed by the learned
Additional Chief Judicial Magistrate, Patna (In-charge) in
Jakkanpur P.S. Case No. 346 of 2018 is hereby quashed.
8. Accordingly, the application stands allowed.
(Ansul, J)
Siddharth Soni/-
AFR/NAFR CAV DATE 18.03.2026 Uploading Date 27.05.2026 Transmission Date 27.05.2026
