IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22003 of 2021 Arising Out of PS. Case No.-1421 Year-2014 Thana- COMPLAINT CASE District- Jamui ======================================================

1. Jitan Rajak S/O Ram Dhari Rajak R/O Naya Gaon, Hari Sabha Chowk, Dd Tulsi Road, P.S.- Jamalpur, Dist.- Munger (Withdrawn)

2. Hem Lata Devi, Female, Aged about 57 years, Wife Of Jeetan Rajak R/O Naya Gaon, Hari Sabha Chowk, DD Tulsi Road, P.S.- Jamalpur, Dist.-

Munger

3. Asha Devi, Female, Aged about 33 years, W/O Sudoh Kumar Rajak, R/O Village And P.O.- Beldaur, P.S.- Beldaur, Dist.- Khagaria ... ... Petitioner/s Versus

1. The State of Bihar

2. Kushboo Kumari D/O Pappu Rajak R/O Purani Bazar, Near Kali Mandir, P.S.- Jamui, Dist.- Jamui ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Rajesh Sinha, Advocate Mr. Chandan Kumar Singh, Advocate Mr. Ravi Kant Tiwari, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 08-12-2025 At the outset, learned counsel appearing on behalf of the petitioners submitted that vide order dated 22.03.2024, application with respect to petitioner no.1, who is father-in-law of O.P. No.2, was withdrawn and, as such, he presses the application only with respect to petitioner nos.2 and 3, who are mother-in-law and sister-in-law respectively of the O.P. No. 2.

2. Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

3. The petitioner nos. 2 and 3 have preferred the application under Section 482 Cr.P.C. for quashing of the order dated 09.12.2019 passed in Complaint Case No. 1421c/2014, by the learned S.D.J.M., Jamui, whereby discharge petition filed on behalf of the petitioners under Section 239 of Cr.P.C. was dismissed.

4. The prosecution story, in short is that marriage of the complainant/O.P. No. 2 was solemnized with one Pappu Rajak, in the year 2012. In the year 2014, the couple were blessed with a child out of the wedlock and, thereafter, the behaviour of the husband of O.P. No. 2 allegedly became bad leading to subjecting the O.P. No. 2 to cruelty by all the family members.

5. Learned counsel appearing on behalf of the petitioners submitted that the discharge petition, filed before the learned District Court under Section 239 Cr.P.C. on behalf of the petitioners was dismissed vide order dated 09.12.2019. It is submitted that petitioners are not responsible in any manner for the strained matrimonial relationship between O.P. no.2 and her husband. General and omnibus allegation has been levelled against the petitioners. He further submitted that petitioner no. 3 is sister-in-law of the O.P. No. 2 and she is residing at different village and she is not concerned with the matrimonial relationship of her brother with O.P. No. 2, therefore, question of subjecting the O.P. No. 2 to cruelty by petitioner no. 3 does not arises. He further submitted that so far as petitioner no. 2 is concerned, she is ready to convince her son to go for settlement with the O.P. No. 2, at the same time, considering the fact that her son has accepted to make payment of a sum of Rs. 5000/- per month to the O.P. No. 2 for education of her only child, learned counsel admits that till the child attains majority, the son of the petitioner no. 2 becomes natural guardian, therefore, proper nutrition for growth of the child is also required and for that also, the petitioner no. 2 and her son, who is the husband of the O.P. No. 2, are taking care of without any demand from O.P.

No. 2 in this regard.

6. Learned counsel further submitted that marriage is a sacred ceremony but little matrimonial skirmish suddenly erupts into hatred and the parties ponder to reconcile their dispute outside the court.

7. Learned APP submitted that primarily the allegation is not against the society and the parties can resolve