Case Facts:
Patna High Court Cr.Misc. No.5867 of 2010 (9) dt.31-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5867 of 2010 ====================================================== 1. Surendra Kumar Gupta son of Sri Chhatu Lal Gupta. 2. Chhatu Lal Gupta, son of late Bhikhari Sao. 3. Kanti Devi wife of Chhatu Lal Gupta. All are residents of Village-Sabazpura More, Vikashpuram Colony, P.S.-Phulwarisharif, District-Patna. .... .... Petitioners Versus 1. The State Of Bihar. 2. Jyoti Kumari @ Monika Kumari daughter of late Lalan Prasad, resident of Village-Mithapur, Gaya Line, near Gumti, P.S.- Jakkanpur, District-Patna. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 9 31-10-2012 Heard learned counsel for the petitioners, learned counsel for opposite party no. 2 and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 12.11.2009 passed in Phulwarisharif P.S. Case No. 363 of 2009 by the court of Chief Judicial Magistrate, Patna, whereby the learned Magistrate took the cognizance of the offence under [STATUTE] and Section 3/4 of the Dowry Prohibition Act against the accused-petitioners on perusal of the case diary. Learned counsel for the petitioners submits that in fact opposite party no. 2, Jyoti Kumari, is stated to be the wife of Patna High Court Cr.Misc. No.5867 of 2010 (9) dt.31-10-2012 petitioner no. 1, Surendra Kumar Gupta, has filed Matrimonial Case No. 226 of 2008 for divorce and the said suit was decreed on 18.12.2008, in spite of that the opposite party no. 2 lodged this false case against the petitioners only to harass. On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise all defence as raised herein at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.