IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57455 of 2007 (1) Mostt. Kamla Kuer, wife of Late Haridwar Prasad, Mohalla Bhaluhipur (Chajanganj), PS Ara Town, Bhojpur. (2) Rekha Devi, wife of Bharat Prasad, (3) Bharat Prasad, son of Dasrath Prasad, (4) Both of village and PS Sonebarsa, District Buxar – Petitioners. Vs (1) The State of Bihar, (2) Dulhin Anju Devi, wife of Sri Gobind Prasad, Mohalla Bhaluhipur (Chajan Ganj), Ps Ara Town, Dist. Bhojpur – Opp. Parties. 5 19.5.2011 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 22.9.2007 passed in Complaint Case No. 675©/2007 by which cognizance for the offences under sections 323, 380 and 504 of the Penal Code has been taken against the petitioners. The short facts of the case are that the complainant who is the daughter-in-law of Haridwar Prasad claims that her father-in-law had purchased 2 kathas of land with a house on it, which he had gifted to the complainant. It is alleged that her mother-in-law and sister-in-law always quarreled with her regarding the rights over the land. It is said that on 17.4.2009 the mother-in-law and sister-in-law entered the house and assaulted the complainant. She also alleges that the documents by which the land was transferred in her favour was removed by the accused persons. Learned counsel for the petitioner submits that the entire case is false and fabricated. The witnesses are not from the neighborhood, rather, they are from far away places. It is also said 2 that in fact there was no document which would confer any title on the complainant with respect to the property in question and, therefore, the complainant has filed this false case alleging that the document has been stolen away. On consideration of the submissions aforesaid at this stage this court cannot pass any order quashing the order of cognizance. However, if the petitioner files an application for discharge, at that stage the complainant would necessarily have to show, that she has some documents by which she can claim that the house belongs to her. If the house has been transferred by a registered deed, copy of the same must be available in the registry office. The court would also get advantage of perusing the evidence on this point led before framing of charge. This application is dismissed. haque ( Sheema Ali Khan, J.)