Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43630 of 2009 ====================================================== 1. Md.Jainul Abedin son of late Maulti Matto. 2. Jubaida Khatoon wife of Md. Jainul Abedin. 3. Nazra Packer daughter of Md. Jainul Abedin. 4. Nurul Abedin @ Chand Master son of Md. Jainul Abedin. 5. Gayasul Abedin son of Md. Jainul Abedin. All are resident of Mohalla-Ansar Nagar, P.O.-Bundelkhand, District-Nawada. .... .... Petitioners Versus 1. The State Of Bihar. 2. Saba Naaz daughter of Md. Nisar Ahmad, resident of Mohalla- Ansar Nagar, P.S.-Nawada, District-Nawada. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 30-04-2012 It appears from the supplementary affidavit filed on behalf of petitioners that during the pendency of this application, petitioner no. 2 (Jubaida Khatoon) and petitioner no. 5 (Gayasul Abedin) died. As such, this application will survive only with respect to petitioners no. 1, 3 and 4. Heard learned counsel for the petitioners and learned A.P.P. appearing on behalf of State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 13.10.2009 passed in Nawada Town P.S. Case No. 253 of 2008 by the Court of learned Chief Judicial Magistrate, Nawada, taking cognizance of the offence under [STATUTE] and Patna High Court Cr.Misc. No.43630 of 2009 (5) dt.30-04-2012 2/2 Section 3/4 of the Dowry Prohibition Act against the petitioners. On perusal of the Impugned order, I find no illegality amounting to abuse of the process of the Court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise their defence, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.