Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14804 of 2008 ================================================== Parmeshwar Sharma son of late Satya Narayan Sharma, resident of Village-Mahuli, Police Station-Tariyan, District-Saran (Chapra). .... .... Petitioner Versus 1. The State Of Bihar. 2. Uma Devi daughter of Bhagwat Sharma, wife of Parmeshwar Sharma, resident of Village-Mahuli, Post- Aawadhar, P.S.-Taraiya, District-Saran at present Village+Post-Anjani, P.S.-Parsa, District-Saran. .... .... Opposite Parties ================================================== Appearance : For the Petitioner/s : For the State : Mr. A.A. Khan, A.P.P. ================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 14-02-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 01.03.2003/03.03.2003, passed in Complaint Case No. 1284 C of 2002, Tr. No. 1039 of 2007 by the Sub-Divisional Judicial Magistrate, Chapra, summoning the accused named in the complaint petition including the petitioner, on enquiry, under Section 204 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . Learned counsel appearing on behalf of petitioner submits that the marriage of the petitioner was performed with opposite Patna High Court Cr.Misc. No.14804 of 2008 (3) dt.14-02-2012 2/2 party no. 2, Uma Devi, in the year 1980 and four female children were born. Out of four daughters, two died and two are still alive and with the consent of opposite party no. 2, the petitioner performed the re- marriage and he lives with second wife alongwith opposite party no. 2. The petitioner always treats the opposite party no. 2 properly but only to harass the petitioner, the opposite party no. 2 has filed the false complaint case. On perusal of the impugned order, it appears that the learned Sub-Divisional Judicial Magistrate on perusal of the complaint petition, S.A. of the complainant and statements of the witnesses, as recorded in course of enquiry, arrived at conclusion that prima facie case under [STATUTE] is made out against the accused named in the complaint petition including the petitioner. I find no illegality in the impugned order 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 petitioner would be at liberty to raise all points, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, 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.