MEERA DEVI vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65476 of 2023
CNR No. BRHC010872022023
Arising Out of PS. Case No.-144 Year-2022 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
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1. Meera Devi wife of Sachidanand Singh @ Sachchidanand Singh Village-
Baluahi W.NO-24, Ps- Khagaria Dist- Khagaria
2. Sachidanand Singh @ Sachchidanand Singh son of Late Bauna singh
Village- Baluahi W.NO-24, Ps- Khagaria Dist- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Stuti Priya D/o- Ramakant Rai village- Chakiya Ps- Barauni dist- Begusarai
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Adv.
Ms. Kumari Sudha Sinha, Adv.
Mr. Santosh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL JUDGMENT
Date : 12-10-2026
Heard learned counsel for the petitioners and learned
APP for the State.
2. No one appears on behalf of the opposite party no.
2 although the notices had been issued earlier and the mother
and father of opposite party no. 2 refused to take the said notice.
As such, the present case is being heard in absence of the
counsel for the opposite party no. 2
3. The present application has been filed for quashing
the order dated 31.05.2023 passed by the learned Sessions
Judge, Begusarai in Cr. Revision No. 122 of 2022 and
cognizance order dated 07.03.2022 under Sections 498A, 406 of

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the Indian Penal Code and Section 4 of the D.P. Act in
Complaint Case No. 144 of 2022 passed by the learned court of
st
1 Class Judicial Magistrate, Begusarai.
4. The short facts of the case is that all the accused
persons named in the complaint petition demanded four wheeler
vehicle and due to non fulfillment of demand of the same, all of
them started mental and physical torture to the complainant. It is
alleged that the accused persons wrongfully confined the
complainant in her room and also poured kerosene oil upon her
body and ousted her from matrimonial house. It is further
nd
alleged that the husband of the complainant has solemnized 2
marriage with Nutan Devi, daughter of Chandeshwari Singh.
5. Learned counsel for the petitioners has submitted
that the petitioners happen to be the old mother-in-law and
father-in-law of the opposite party no. 2, who are senior citizens
and they have been implicated in the present case with general
and omnibus allegations of subjecting the opposite party no. 2 to
cruelty. In the entire complaint, no specific overt act has been
carved out as against the present petitioners. It has also been
submitted that prior to filing of the present complaint case, the
opposite party no. 2 had filed another complaint bearing
Complaint Case No. 1220 of 2018 on 25.02.2018 against the

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present petitioners and others wherein cognizance was taken for
offence under Section 498A of the IPC. As such, this is the
second round of litigation started on behalf of the opposite party
no. 2. It has also been submitted that these petitioners are facing
two criminal proceedings with similar allegations in absence of
any specific allegations as against them, rather the allegation to
some extent is specific against accused no. 1, who happens to be
the husband of the opposite party no. 2 against whom she has
also alleged that he has contracted a second marriage.
6. The Hon’ble Supreme Court in the case of
Kahkashan Kausar & Ors. Vs State of Bihar & Ors reported
in (2022) 6 SCC 599 has clearly held that in cases arising out of
matrimonial disputes courts have to be very conscious and
circumspect with regard to the implication of the other family
members of the relatives of the husband as there is a tendency to
rope in all the family members in such cases for the purposes of
wreaking vengeance. It has been held that when no specific
allegations are carved out as against such relatives of the
husband of the complainant/informant, the courts ought to
invoke the exercise the power under Section 482 of the Cr.P.C.
for quashing such frivolous and vexatious prosecution.
7. After having heard the submissions made on behalf

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of the petitioners and going through the materials placed on
record, it is gathered that this is the second round of litigation
initiated by the opposite party no. 2 against her in-laws and the
petitioners being the old mother-in-law and father-in-law have
not been imputed with any specific allegations in the present
complaint. As such, it appears that the present litigation, as
against the petitioners, are attended with malafide and is thus
covered within the ambit of the case of the State of Haryana &
Ors. Vs. Bhajan Lal & Ors. , reported in 1992 Supp (1) SCC
335 .
8. Taking into consideration the facts and
circumstances of the case and also considering the absence of
any specific allegations as against these petitioners, this Court is
of the considered view that the order taking cognizance dated
07.03.2022, the order dated 31.05.2023 in Cr. Revision No. 122
of 2022 and all prosecution arising therefrom, so far as the
present petitioners are concerned, are hereby quashed.
9. Accordingly, this application is allowed.


(Soni Shrivastava, J)
devendra/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16.10.2026
Transmission Date 16.10.2026