IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22857 of 2010 KAMILA KHATOON, WIFE OF MD. ISLAM, R/O VILLAGE ASANDI MAHUAVA, P.S. KUCHAIKOT, DISTT. GOPALGANJ. ------ PETITIONER Versus 1. THE STATE OF BIHAR 2. SAFIJA KHATOON, WIFE OF HAFIJ MD. MURTUJA, R/O VILLAGE – ASANDI MAHUAVA, P.S. KUCHAIKOT, DISTT. GOPALGANJ. ----- OPPOSITE PARTIES. ----------- 2. 11.03.2011 Heard. It appears that the Opposite Party No. 2 has suo motu appeared upon a duly executed Vakalatnama but despite the case being repeatedly adjourned for non-appearance of the Counsel for the Opposite Party No. 2, even today, he has not appeared to assist this Court. The petitioner has sought quashing of the order dated 27.4.2010 passed by the Judicial Magistrate, 1st Class, Gopalganj, in Trial No. 1353 of 2010 arising out of Complaint Case No. 633 of 2008 by which after remand, cognizance has been taken under Section 498A, 406 and ¾ of Dowry Prohibition Act. The Complainant alleged that her daughter was married to the son of the petitioner No. 1 but the petitioner allegedly demanded a sum of Rs. 50,000/- and drove her out from the house when she protested. The further allegation was that despite various Panchaities, the matter could not be sorted out and, therefore, this case was instituted against the accused persons. Significantly, the husband of the daughter of the 2 Complainant has not been made an accused in the present case. It has been submitted that in fact, that the son of the petitioner was kidnapped by the husband of the Complainant and other accused person for which she filed a case on 24.2.2008. Thereafter, the petitioner’s son returned and gave statement which was recorded under Section 164 Cr. P.C. supporting the factum of kidnapping. It is in this background that the petitioner who happened to be the alleged mother-in-law of the girl has sought quashing. Considering the entire conspectus of the case, there is no difficulty in arriving at a conclusion that this case is maliciously false and is fit to be set aside. The application is allowed and the order dated 27.4.2010 passed by Sri Bipin Kumar, Judicial Magistrate, 1st Class, Gopalganj, in Complaint Case No. 633 of 2008 is hereby quashed. The application stands allowed. S.Ali ( Anjana Prakash, J.)