IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28769 of 2007 ASHOK UPADHYAY @ JALBAL UPADHYAY & ORS Versus STATE OF BIHAR & ANR ----------- 4. 9.5.2008. This application under Section 482 Cr.P.C. has been filed for quashing of the order of cognizance dated 5.4.2007 passed by SDJM, Bhabua in Complaint Case No. 1261 of 2006 thereby cognizance under Sections 498(A), 406 I.P.C. as well as Section 4 of Dowry Prohibition Act has been taken against the petitioners. Heard learned counsel for the petitioners as well as opposite party no.2. The submission of learned counsel for the petitioners is that the alleged victim has not filed this case. This case has been filed by her brother. She is still living in her sasural. She has not been examined in course of enquiry under Section 202 Cr.P.C. She has no complain against her sasural. In spite of that court below has taken cognizance against these petitioners under Sections 498(A), 406 I.P.C. as well as Section 4 of Dowry Prohibition Act. Learned counsel for opposite party no. 2 has also failed to explain why the victim was not examined in the course of enquiry. He has also admitted that at present victim is living in her sasural but in the house of the brother of husband and not in the house of her husband. Considered the submission of leaned counsel for the parties and perused the complaint petition as well as the evidence adduced during the course of enquiry under Section 202 Cr.P.C. - 2 - It appears that at the instance of the brother of petitioner no. 1 namely, Guput Nath Upadhyay this case has been filed against whom a partition suit is pending in respect of property. In support of it, annexure-3 has been filed. Having regard to the facts and circumstances as well as the material available on record, it is quite apparent that this case has been filed with ulterior motive. The victim has no complaint against the petitioners. Accordingly, this application is allowed. Impugned order of cognizance dated 5.4.2007 passed by SDJM, Bhabua in Complaint Case No. 1261 of 2006 is, hereby, quashed. kanchan (Ghanshyam Prasad, J.)