Case Facts:
Patna High Court Cr.Misc. No.10129 of 2011 (4) dt.07-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10129 of 2011 ====================================================== 1.Md. Bashiruddin s/o Md. Kalim, Resident of village Uttam Nagar, Pankha Road, New Delhi. 2.Afshana Khatoon wife of Md. Bashiruddin. 3.Md. Niyaz. 4.Md. Riyaz. bmoth sons of Md. Bashiruddin. Resident of village Bibhootipur, P.S.Bihpur, District Samastipur. 5.Md.Murtuza s/o Late Md. Yunus, resident of village Uttam Nagar, Pankha Road, New Delhi. 6.Md.Riyajul. 7.Md.Riyabul both sons of Late Abul Kais. Both residents of village Bhiro Khada, P.S.Tajpur, District Samastipur. .... .... Petitioner/s Versus 1.The State Of Bihar. 2.Bibi Abada Khatoon w/o Md. Bashiruddin resident of village Jalkora P.S.Khagaria District Khagaria, .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar No.3., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 07-11-2012 Heard learned counsel for the petitioners and the State. No one appears on behalf of O.P.No.2, even after service of proper notice to her. In this case, learned SDJM, Khagaria vide order dated 13th April 2010 passed in Complaint Case No.477C of 2009 has taken cognizance [STATUTE] itioner No.1 entered into marriage with Bibi Abda Khatoon O.P.No.2 on 22nd June 1978. It has been alleged that when she Patna High Court Cr.Misc. No.10129 of 2011 (4) dt.07-11-2012 came to the house of her husband she found that her husband was a characterless person and was living adulterous licentious life and at the same time, he was addicted to wine. The complainant raised objection. Petitioner No.1 used to abuse, assault was not providing proper meal to her and committed physical and mental torture incessantly. When the O.P.No.2 requested petitioner No.1 to lead a good and moral life, petitioner asked the complainant to demand Rs.20,000/- from her father for the purpose of purchasing a 3- wheeler but the complainant had shown her inability as her father had no financial capacity to part with aforesaid money. It has further been alleged that she was blessed with twin male child but the situation instead of improving deteriorated more. Petitioner No.1 (husband) in the year 1984-85 developed illicit relationship with Petitioner No.2 Afsana Khatoon. It has been alleged that later on her husband entered into marriage with petitioner No.2 and thereafter they started torturing the complainant in various ways. It has been alleged that on 21st April 2009, the complainant demanded money from petitioner no.1 as he was not maintaining her whereupon accused lost tamper and started abusing her. It has been alleged that petitioner no.1 gave two slaps on her cheek and abetted for commission of suicide. It has been alleged that she left the husband for her safety. On filing of the present petition, the Patna High Court Cr.Misc. No.10129 of 2011 (4) dt.07-11-2012 court below has taken cognizance by the impugned order. Counsel for the petitioners submits that the complainant (O.P.No.2) is not the wife of petitioner no.1, rather she has been set up by enemies and lodged the present false case. It has been alleged that Afsana Khatoon is his wife and they are leading a very happy life and this is completely a malicious prosecution. At this stage, this Court cannot decide the relationship of the petitioner No.1 vis-a- vis petitioner No.2 and this can be decided during the trial. This Court finds that the court below has rightly taken cognizance agaomst Petitioner Nos. 1 and 2 but with regard to persons Nos. 3 to 7, there is no allegation whatsoever against them, save and except that their names have come in the complaint petition and in some paragraphs some omnibus allegation have come without any specification. The Hon’ble Supreme Court in the case of Preeti Gupta v. State of Jharkhand (AIR 2010 SC 3363) has said that it has become the common knowledge that while filing complaint petition under [STATUTE] intention is to implead as many persons as possible and rope all the family members in the case. Having considered the contention of the petitioners, this Court feels that there is no allegation whatsoever against the Patna High Court Cr.Misc. No.10129 of 2011 (4) dt.07-11-2012 petitioner No.3 to 7 and they have been impleaded in the present case without any specific details of torture perpetuated to the complainant, rather some stray allegation has been made. In this view of the matter, the order of cognizance, so far it relates to petitioner Nos. 3 to 7 is quashed and with respect to rest two persons, i.e. Petitioner No.1 and 2 this petition is dismissed and they will face the trial. However, liberty is given to them to raise all the points at the appropriate stage of trial. In the result, this petition is partly allowed. Jay/- (Shivaji Pandey, 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.