Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2866 of 2012 ====================================================== 1. Shanti Devi W/O Late Bhuneshwar Yadav, 2. Rajesh Yadav S/O Late Bhuneshwar Yadav, 3. Sweety Devi W/O Rajesh Yadav, 4. Runa Kumari D/O Bhuneshwar Yadav, 5. Sunaina Devi W/O Naresh Yadav, all resident of village-New Tardih, P.S. Bodh Gaya, Distt. Gaya. 6. Bhola Yadav S/O Ram Sahiyali Yadav, resident of village-Barmauriya (Karmouni), P.S. Dobhi, Distt. Gaya. 7. Munna Yadav S/O Late Rameshwar Yadav, resident of village-Simtalla Bardaha, P.S. Rajauli, Distt. Nawadah. 8. Naresh Yadav S/O Mohan Yadav, resident of village-Singh Pokhar Damharian, P.S. Dobhi, Distt. Gaya. .... .... Petitioner/s Versus 1. The State of Bihar 2. Pinki Devi, W/O Sunil Yadav @ Japani Yadav, resident of village-New Taridih, P.S. Bodh Gaya, Distt. Gaya. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 29-11-2012 Heard learned counsel for the Petitioners. No one appears on behalf of the Opposite Party No.2. The Petitioners, who happen to be the mother-in-law, brother-in-law, sister-in-law of the Informant, seek quashing of the order dated 21.04.2011 passed by the Judicial Magistrate, 1st class, Gaya, in Complaint Petition No.1441 of 2010, Trial No.1245 of 2011 by which he has taken cognizance under [STATUTE] . The case of the Complainant was that she was Patna High Court Cr.Misc. No.2866 of 2012 (3) dt.29-11-2012 2 / 3 2 married with Sunil Yadav @ Japani on 12.05.2004 and was leading happy conjugal life. Out of the wedlock, two children were born. After the death of the second child, she learnt that her husband was already married to another woman on account of which she was tortured and thrown out of the house. It has been submitted on behalf of the Petitioners that before the present Complaint was filed on 30.05.2010, the Complainant had filed a police case bearing Bodh Gaya P.S. Case No.96 of 2010 which ended in charge-sheet against the husband, whereas, rest of the family members were exonerated. The allegations in the Complaint Petition are more or less same to the one contained in the First Information Report. It is on this ground that the Petitioners submit that the prosecution of the Petitioner in the present Complaint is fit to be set aside. Having gone through the contents of the Complaint Petition, I am convinced that the present Complaint is nothing but abuse of the process of the Court and is fit to be set aside. In view of such, order dated 21.04.2011 passed by the Judicial Magistrate, 1st class, Gaya, in Complaint Petition No.1441 of 2010, Tr. No.1245 of 2011 taking cognizance under [STATUTE] is hereby quashed Patna High Court Cr.Misc. No.2866 of 2012 (3) dt.29-11-2012 3 / 3 3 in so far as it relates to the Petitioners only. The application stands allowed. JA/- (Anjana Prakash, 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.