IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40481 of 2009 1. SHARDA DEVI, WIFE OF LATE RAMESHWAR PRASAD 2. RAJ KUMAR PRASAD @ KUMAR, SON OF LATE RAMESHWAR PRASAD 3. ANITA DEVI, WIFE OF RAJ KUMAR PRASAD @ KUMAR ALL RESIDENT OF VILLAGE MORA, P.S. RAJGIR (MUFFASIL), CHHABILLAPUR, DISTRICT NALANDA. -----PETITIONERS Versus 1. THE STATE OF BIHAR. 2. RANI KUMARI, WIFE OF LATE SHIO KUMAR @ CHHOTE, RESIDENT OF VILLAGE MORA, P.S. RAJGIR (MUFFASIL) CHHABILAPUR, DISTRICT NALANDA. -----OPPOSITE PARTIES ----------- 2 16.2.2010 This application has been filed for quashing the order of cognizance dated 19.12.2008, for offences under Sections 341, 323, 379 and 498A/34 of the Indian Penal Code passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Rajgir (Muffasil) PS Case No. 29/2008 dated 24.7.2008 (G.R. No. 1656 of 2008) and as well as the order dated 3.8.2009 passed in Criminal Revision No. 052 of 2009 by the Additional Sessions Judge, Fast Track Court No. V, Nalanda, by which the revision application of the petitioners has been dismissed. Learned counsel for the petitioners submits that from the First Information Report it would appear that the complainant is demanding a share in her husband’s property after his death. It has been alleged in the First Information Report that her in-laws assaulted her physically and have tried to make her leave her matrimonial home. Learned counsel further submits that a Title Suit has already been filed in the Court below by the complainant seeking a share in her husband’s property and as such the institution of this criminal case is nothing but to pressurize the accused persons to part with the land 2 belonging to the husband of the petitioners. I do not think that it would be proper for this Court to quash the criminal proceedings on the basis of the submissions made aforesaid as it has been alleged that the accused persons used to mentally and physically torture the complainant. This aspect of the matter can only be determined by evidence. The petitioners therefore, may raise these issues at the time of framing of charges where they would have the opportunity to know materials that have come against them. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)