Case Facts:
Patna High Court Cr.Misc. No.44205 of 2009 (05) dt.27-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44205 of 2009 ====================================================== 1. Narayan Kisku 2. Sushila Kisku 3. Bindbasni Kisku 4. Yaswant Kisku 5. Sushil Kisku .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mr. Brij Nandan Prasad For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 05 27-07-2012 This is an application for quashing the order dated 13.7.2007 passed by Judicial Magistrate, Ist Class, Katihar Mr. R. Malviya in Complaint Case no.2028 of 2006 in which learned Magistrate has taken cognizance under [STATUTE] . Heard learned counsel for the petitioners and learned counsel for the State. Complainant married with son of petitioner nos.1 and 2 came to her ‘Sasural’ remained with her husband for some days. Husband thereafter, left for Ranchi and had no relation thereafter, nor could be approached on telephone. For petitioners, it is said that they were causing cruelty upon the complainant, later when the matter was informed to complainant’s father, he could know about husband’s earlier marriage with another lady and he was not accepting the complainant, thereafter further allegation about repetition of the cruelty. Only vague allegation is leveled about cruelty without specifying the real act if comes within the definition of Patna High Court Cr.Misc. No.44205 of 2009 (05) dt.27-07-2012 [STATUTE] . otherwise also the reason behind the ill-treatment was earlier marriage of the husband, which was within knowledge of the petitioners is not the averment. So, every liability appears upon the husband that cannot be extended to petitioners. Accordingly, this quashing application is allowed and impugned order dated 13.7.2007 under [STATUTE] . and further prosecution against the petitioners is hereby quashed. Vikash/- (Mandhata Singh, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.