Manoj Yadav And Ors vs State Of Bihar And Anr on 24 March, 2026

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    Patna High Court – Orders

    Manoj Yadav And Ors vs State Of Bihar And Anr on 24 March, 2026

    Author: Sunil Dutta Mishra

    Bench: Sunil Dutta Mishra

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.20092 of 2018
                       Arising Out of PS. Case No.-937 Year-2011 Thana- MADHEPURA COMPALINT CASE
                                                        District- Madhepura
                     ======================================================
               1.     Manoj Yadav S/o Ramjee Yadav,
               2.    Chanda Devi W/o Manoj Yadav,
               3.    Sanoj Kumar @ Anuj Kumar S/o Ramjee Yadav,
               4.    Deep Narayan Yadav S/o Late Luxmi Yadav,
               5.    Birun Devi @ Biran Devi W/o Deep Narayan Yadav,
               6.    Prabhash Yadav S/o Deep Narayan Yadav,
               7.    Sunita Devi W/o Prabhash Yadav,
               8.    Mukesh Kumar @ Babllu Yadav S/o Deep Narayan Yadav,
               9.    Khaja Devi W/o Ramjee Yadav,
               10. Arti Devi W/o Mukesh Yadav,
               11. Subhash Yadav S/o Deep Narayan Yadav,
               12. Nutan Devi W/o Subhash Yadav,
                   All R/o Village- Sahugadh Diwani Tola, P.S.- Madhepura, District-
                   Madhepura.
                                                                    ... ... Petitioner/s
                                                 Versus
               1. The State of Bihar
               2.    Nutan Devi W/o Saroj Kumar Yadav, D/o Sadanand Yadav, R/o Village Post
                     Office Sahugadh, P.S. District- Madhepura at present Village- Bhagwanpur
                     Tola, P.O.- Sahugadh, P.S.District- Madhepura.
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :    Mr. Surya Narayan Yadav, Advocate
                     For the Opposite Party/s :    Mr. Binod Kumar 3. APP
                                                   Mr. Dinesh Prasad Verma, Advocate
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                           ORAL ORDER
    
    6   24-03-2026

    1. Heard learned counsel for the petitioners, learned

    counsel for the O.P. No.2 and learned APP for the State.

    SPONSORED

    2. The present application has been filed under

    Section 482 of the Code of Criminal Procedure, 1973

    (hereinafter referred to as ‘Cr.P.C.’) on behalf of the petitioner
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    for quashing the order dated 06.02.2016 passed by learned Sub-

    Divisional Judicial Magistrate, Madhepura (hereinafter referred

    to as ‘Magistrate’) in Complaint Case No. C 937 of 2011

    wherein the learned Magistrate took cognizance of the offences

    under Sections 498A, 149 and 323 of the Indian Penal Code,

    1860 against the petitioners herein who are in-laws of the O.P.

    No.2 and two other persons namely, Saroj Kumar (husband of

    O.P. No.2) and Ramjee Yadav (father-in-law of O.P. No.2).

    3. The facts of the case, in brief, as emanates from the

    complaint petition filed by O.P. No.2, is that the complainant

    was married to Saroj Kumar about 6-7 years prior to the

    institution of the case according to Hindu rites and rituals. It is

    alleged that after the marriage and subsequent ‘Duragaman’,

    sufficient gifts and articles were given by her parental family.

    However, after some time, all the accused persons allegedly

    started demanding a motorcycle as dowry and subjected the

    complainant (O.P. No.2) to cruelty, abuse, and physical assault

    on account of non-fulfilment of the said demand. It is further

    alleged that the complainant (O.P. No.2) gave birth to a male

    child during the subsistence of the marriage and continued to

    suffer ill-treatment at her matrimonial home. The complaint

    further discloses that despite intervention by the complainant’s
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    father and efforts made through Panchayati, the accused persons

    persisted in their alleged conduct and ultimately the complainant

    was allegedly assaulted, driven out of her matrimonial home,

    and her belongings worth approximately Rs. 1.5 lakhs were

    forcibly taken away. Thereafter, having no alternative, the

    complainant (O.P. No.2) instituted the complaint case bearing

    Complaint Case No. C 937 of 2011 before the learned

    Magistrate.

    4. It further appears from the record that initially, by

    order dated 20.06.2012, the learned Magistrate, upon inquiry,

    found no sufficient material against most of the accused persons

    and took cognizance only against two accused persons.

    However, in a criminal revision preferred by the complainant

    (O.P. No.2 herein), the learned Revisional Court, vide order

    dated 03.11.2015, remanded the matter for reconsideration.

    Pursuant thereto, the learned Magistrate passed the impugned

    order dated 06.02.2016 taking cognizance against the present

    petitioners also, which is under challenge in the present

    proceeding.

    5. Learned counsel for the petitioners submits that the

    impugned order dated 06.02.2016 passed by the learned

    Magistrate suffers from non-application of judicial mind and has
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    been passed in a mechanical manner. It is submitted that the

    entire complaint petition, even if taken at its face value,

    discloses only vague, omnibus and general allegations against

    the petitioners without attributing any specific overt act, date,

    time or manner of alleged cruelty or demand of dowry. He

    further submits that the essential ingredients of offences under

    Sections 498A and 323 of the Indian Penal Code are not made

    out against the petitioners. It is submitted by the learned counsel

    that the allegations are highly exaggerated and have been

    levelled with an ulterior motive to harass and pressurize the

    petitioners in a matrimonial dispute and the petitioners herein

    have been dragged in this case based only on their relation

    rooted with the husband of the O.P. No.2.

    6. Learned counsel for the petitioners further submits

    that the learned Magistrate, upon earlier consideration of the

    materials on record, had rightly refused to take cognizance

    against the petitioners vide order dated 20.06.2012, finding no

    prima facie case against them. However, pursuant to the

    revisional order, the learned Magistrate has taken cognizance

    against the petitioners without any fresh material and without

    recording any cogent reasons, thereby rendering the impugned

    order arbitrary and unsustainable in law. Learned counsel thus
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    submits that continuation of the criminal proceeding against the

    petitioners would amount to abuse of the process of the Court

    and is liable to be quashed in the interest of justice.

    7. Learned counsel for O.P. No. 2 submits that the

    impugned order dated 06.02.2016 has been passed after due

    consideration of the materials available on record and in

    compliance with the direction of the Revisional Court. It is

    submitted that the complaint petition clearly discloses a

    consistent course of conduct involving demand of dowry,

    cruelty, assault, and eventual ouster of the O.P. No.2 from her

    matrimonial home, and at the stage of cognizance, only a prima

    facie case is required to be seen. He further submits that the

    allegations cannot be meticulously examined or weighed at this

    stage and the truthfulness or otherwise of the accusations is a

    matter of trial. Learned counsel thus submits that the petitioners

    have been rightly summoned and the present application is

    devoid of merit, being an attempt to thwart the legitimate

    prosecution, thereby liable to be dismissed.

    8. Learned APP for the State fairly submits that the

    allegation is entirely based on the acts of co-accused Saroj

    Kumar (husband of O.P. No.2) and petitioners are in laws of

    O.P. No.2 against whom there is general allegation.
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    9. I have heard learned counsel for the petitioners,

    learned counsel for O.P. No.2 as well as learned APP for the

    State and perused the materials available on record. The issue

    which arises for consideration is as to whether the allegations

    made in the complaint petition, on their face value, constitute a

    prima facie case against the petitioners so as to justify

    continuation of the criminal proceeding.

    10. It is pertinent to note that the court owes a duty to

    subject the allegations levelled in the complaint to a thorough

    scrutiny to find out, prima facie, whether there is any grain of

    truth in the allegations or whether they are made only with the

    sole object of involving certain individuals in a criminal charge,

    more particularly when a prosecution arises from a matrimonial

    dispute.

    11. The Hon’ble Supreme Court in catena of cases

    including Arnesh Kumar v. State of Bihar and Anr., reported in

    (2014) 8 SCC 273; K. Subba Rao and Ors. v. State of

    Telangana and Ors., reported in (2018) 14 SCC 452; and

    Rajesh Sharma and Ors. v. State of Uttar Pradesh and Anr.,

    reported in (2018) 10 SCC 472 wherein it has been observed

    that owing to the surge in matrimonial disputes in recent times,

    the instances of false implication have markedly increased and
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    courts must exercise due circumspection while proceeding

    against relatives specially when the allegations are general and

    omnibus.

    12. Relying on the aforesaid judgments, the Hon’ble

    Supreme Court in Achin Gupta v. State of Haryana and Anr.,

    reported in (2025) 3 SCC 756 has observed as under:

    “35. In one of the recent pronouncements of
    this Court in Mahmood Ali v. State of U.P.
    [Mahmood Ali v. State of U.P., (2023) 15
    SCC 488] , authored by one of us (J.B.
    Pardiwala, J.), the legal principle applicable
    apropos Section 482CrPC was examined.
    Therein, it was observed that when an
    accused comes before the High Court,
    invoking either the inherent power under
    Section 482CrPC or the extraordinary
    jurisdiction under Article 226 of the
    Constitution, to get the FIR or the criminal
    proceedings quashed, essentially on the
    ground that such proceedings are manifestly
    frivolous or vexatious or instituted with the
    ulterior motive of wreaking vengeance, then
    in such circumstances, the High Court owes
    a duty to look into the FIR with care and a
    little more closely. It was further observed
    that it will not be enough for the Court to
    look into the averments made in the
    FIR/complaint alone for the purpose of
    ascertaining whether the necessary
    ingredients to constitute the alleged offence
    are disclosed or not as, in frivolous or
    vexatious proceedings, the court owes a
    duty to look into many other attending
    circumstances emerging from the record of
    the case over and above the averments and,
    if need be, with due care and
    circumspection, to try and read between the
    lines.”

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    (emphasis supplied)

    13. In the present case, on a careful perusal of the

    complaint petition and the statements recorded during inquiry,

    this Court finds that the allegations made against the present

    petitioners are general and omnibus in nature without specifying

    any distinct role or overt act attributable to each of them. The

    complaint lacks specific particulars regarding the alleged

    demand of dowry, date and manner of assault, and the role

    played by the individual petitioners. It further appears that the

    learned Magistrate, in the earlier order dated 20.06.2012, had

    found no sufficient ground to proceed against the petitioners and

    had taken cognizance only against two accused persons. In such

    circumstances, taking cognizance against the petitioners

    subsequently, without any fresh material and without assigning

    cogent reasons, prima facie indicates non-application of judicial

    mind.

    14. It is further pertinent to take note of the order

    dated 04.04.2018 passed by the Co-ordinate Bench of this Court

    in Criminal Miscellaneous No.4254 of 2016 arising out of the

    same complaint case, whereby, upon consideration of the entire

    complaint, the proceeding against Ramjee Yadav (petitioner no.

    2 therein), who is the father-in-law of the complainant (O.P.
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    No.2 herein), was quashed. The application against petitioner

    no.1 therein, namely Saroj Kumar, the husband of O.P. No.2,

    against whom there being specific allegation was disposed of

    with liberty to raise all objections before the learned Trial Court

    and seek discharge in the matter. The Hon’ble Court, after a

    detailed examination of the complaint petition, categorically

    held that the allegations were omnibus and general in nature and

    no specific role or overt act was attributed to the said accused,

    and further that there was no material to constitute an offence

    under Sections 498A or 323 of the Indian Penal Code against

    him. The said finding, being based on the same set of

    allegations, lends support to the contention that the present

    petitioners have also been implicated on similar general and

    sweeping allegations without any specific material, thereby

    rendering the continuation of the criminal proceeding against

    them unsustainable in the eyes of law.

    15. In view of the aforesaid discussion and upon an

    overall consideration of the facts and circumstances of the case,

    this Court is of the opinion that the allegations made against the

    present petitioners do not disclose the essential ingredients of

    the offences alleged and are primarily general and omnibus in

    nature. The continuation of the criminal proceeding against the
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    petitioners, in absence of any specific role or material

    particulars, would amount to abuse of the process of the Court.

    Accordingly, the impugned order dated 06.02.2016 passed by

    the learned Sub-Divisional Judicial Magistrate., Madhepura in

    Complaint Case No. C 937 of 2011, so far as it relates to the

    present petitioners, is hereby set aside and quashed.

    16. Accordingly, the present application stands

    allowed.

    (Sunil Dutta Mishra, J)
    Harish/-

    U



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