CAV JUDGMENT

Date : 18-12-2025

Mr. Pratik Kr. Sinha, learned counsel for the petitioner, Mr. Ashutosh Tripathi, learned counsel for O.P. No. 2, and Mr. Binod Kumar No. 3, learned APP for the State, have been heard at length.

2. The instant criminal miscellaneous petition has been filed under section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) (now section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, ‘ BNSS ’)) for quashing the order dated 11.05.2016 passed by the court of the SDJM, Sasaram, in Complaint Case No. 213 of 2009, by which the learned trial court has rejected the petitioner’s prayer for discharge.

3. Learned counsel for the petitioner has argued that O.P. No. 2, who happened to be the wife of the petitioner, initially filed Complaint Case No. 942 of 2008 alleging the offences under Sections 4 98A , 323, and 379 of the Indian Penal Code (in short, ‘IPC’) and also alleging the offences under Sections 3 and 4 of the Dowry Prohibition Act (in short, ‘DP Act’), and after inquiry, the learned SDJM, Sasaram, took cognizance of the offences under Section 4 98A of the IPC and Sections 3 and 4 of the DP Act vide order dated 22.10.2008. In th