Sunil Kumar vs State Of Bihar and Anr

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48393 of 2018
Arising Out of PS. Case No.-2173 Year-2015 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
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Sunil Kumar Son of Late Jawahar Prasad @ Jawahar Ram, resident of
Village- Benbaliya, Post Office- Benbaliya, Police Station- Bihiya, District-
Bhojpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Aradhana @ Aradhana Devi @ Gudiya Devi, Daughter of Tarkeshwar Nath
Kashyap and Wife of Sunil Kumar, resident of Village and P.O.- Benbaliya,
P.S.- Bihiya, Distt.- Bojpur.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mani Bhushan Kumar, Advocate
For the Opposite Party/s : Smt. Renu Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL JUDGMENT
Date : 07-09-2026
Heard learned counsel for the petitioner and learned
counsel for the State. Even after valid service of notice upon
Opposite Party No. 2, she has not chosen to appear before this
Court and contest the application.
2. The petitioner has filed this application for quashing
of the order taking cognizance dated 20.04.2016, pending before
th
the Court of learned A.C.J.M., 5 Ara, Bhojpur, in connection with
Complaint Case No. 2173C of 2015 (Trial No. 1426 of 2016) for
the offence punishable under Section 498A of the I.P.C.

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3. As per the prosecution case, the informant was
married with the petitioner on 15.12.2014 according to Hindu
customs and when she went to her matrimonial house, she found
that the petitioner was already in relationship with one Rita Devi.
Upon opposition by the complainant, it has been alleged that she
was tortured and assaulted by the petitioner and other co-accused
persons. It has further been alleged that all the co-accused persons
including this petitioner tried to set her on fire and also snatched
all her ornaments.
4. Learned counsel for the petitioner has submitted that
the plain reading of the complaint, goes to show that no offence
under Section 498A is made out and the cognizance under Section
498A is bad in law and facts. It has further been submitted,
referring to Section 498A of the Indian Penal Code particularly to
the explanation of cruelty in the said Section that the ingredients
thereof does not exist in the present case. It has further been
submitted that the present prosecution against the petitioner is bad
in law and facts both. It has further been submitted, referring to the
several judgments of the Hon’ble Supreme Court of India in the
cases of Achin Gupta vs. State of Haryana & Anr; reported in
[2024] 6 S.C.R. 129 , Nitin Ahluwalia vs. the State of Punjab ;
reported in 2025 SCC OnLine SC 2013 , Kailashben

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Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr.,
reported in 2024 INSC 737 , that the allegation against the
petitioner is malicious and vexatious one. It has further been
submitted, referring to the judgment of the Hon’ble Supreme Court
in the case of State of Haryana Vs. Bhajanlal reported in 1992
Supp (1) SCC 335 , and several categories as discussed in
paragraph-102 of the said judgment, that the present prosecution is
malicious and vexatious one. It has further been submitted that the
complainant is neither pursuing her case in the Court below as
well as even after issuance of notice, the complainant has not
chosen to appear before this Court and contest the case. It has
further been submitted that the reason for non appearance is
because of the fact that she has married someone else without
taking divorce from the petitioner. It has further been submitted
that the continuation of proceeding against the petitioner would be
an abuse of the process of the Court.
5. Learned counsel for the State has opposed the prayer
of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances as well as the
conduct of the Opposite Party No.2, the order taking cognizance
dated 20.04.2016, pending before the Court of learned A.C.J.M.,

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5 Ara, Bhojpur, in connection with Complaint Case No. 2173C of
2015 (Trial No. 1426 of 2016), is hereby quashed.
8. The application stands allowed.
(Praveen Kumar, J)
Abdus/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.09.2026
Transmission Date 07.09.2026