IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8334 of 2009 1. Daya Nand Prasad S/o Late Gajadhar Prasad, 2. Rajesh Kumar, 3. Deepak Kumar son of Dayanand Prasad, & 4. Suresh Prasad S/o Late Gajadhar Prasad, All resident of Kasera Toli, P.S.- Siwan Town, Dist.-Siwan …Petitioners Versus 1. The State Of Bihar & 2. Leela Devi W/o Late Pasupati Nath Verma, resident of Thatheri Bazar, Mahendru, P.S.- Pir Bahore, Dist- Patna …Opposite Parties ----------- For the petitioners : Mr. Suresh Prasad Singh, Advocate For the State : Mr. M. N. Jha, APP For the O.P.No.2 : Mr. Abhinay Raj, Advocate ------------ 3/ 11.07.2011 Heard the parties. The petitioners have sought quashing of the order dated 18.07.2006 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.917-C of 2006 by which cognizance has been taken under sections 323, 341 and 504 Indian Penal Code on the ground that it is malicious prosecution. The backgrounds facts of the case is that daughter of the petitioner no.1 had been married to the son of the complainant in the year 1987 and she was tortured for the ends of dowry and also driven out from the matrimonial home on account of which a case was instituted against the complainant vide Complaint Case No.1331 of 2004 which was send under section 156(3) Cr. P. C. for investigation and charge sheet was submitted in the matter and the trial is proceeding before the Magistrate at Siwan. The daughter of the petitioner no.1 also filed a maintenance case vide Misc. Case 2 No. 25 of 2005 before the Principal Judge, Family Court, Siwan. During the pendency of this background litigation, the present case was instituted by the complainant alleging therein that on 05.04.2006 the accused persons came to her house and committed theft of certain articles and also compelled to sign on some stamp papers. Considering the background in which the present case was instituted, I have no doubt that the present complaint was instituted for reasons of malice and, therefore, it is fit to set aside. In the result, entire proceedings including the order dated 18.07.2006 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.917-C of 2006 is hereby set aside. The application stands allowed. JA/- (Anjana Prakash,J.)