IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1235 of 2008 KAMANDAL DUBEY & ORS Versus THE STATE OF BIHAR & ANR ----------- 2. 1.5.2008. This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 11.12.2007 passed by Sri Bharat Singh, Judicial Magistrate, Ist Class, Sasaram in Case No. 1079/2007 thereby cognizance under Section 323 and 379 of the Indian Penal Code has been taken against these petitioners. Heard learned counsel for the petitioners as well as the opposite party no. 2. It appears from the record that petitioner no. 6 is legally wedded wife of the complainant/opposite party no. 2 and other petitioners are parents and other relative of petitioner no. 6. The marriage of petitioner no. 6 took place in the year 2005. Petitioner no. 6 left the house of the complainant as a result of torture meted out to her. Thereafter, she filed a complaint case on 4.8.2007 in the Court of C.J.M., Bokaro against the complainant/opposite party no. 2 and his other relatives under Section 498 A I.P.C. Then on 14.8.2007, this case has been filed by opposite party no. 2 against his wife and her other relatives. It is submitted by learned counsel for the petitioners that the entire case is false and baseless and also improbable. Petitioners are residents of Bokaro whereas the complainant is of Sasaram. It is not thinkable that petitioners from Bokaro will come down to Sasaram to commit such offence. Actually, this case has been filed in retaliation - 2 - of the complaint case filed by petitioner no. 6 in order to wreack vengeance and with malice and bad intention. It is further submitted that prosecution of the petitioners under such circumstances is out and out misuse of the process of the Court. Under the facts and circumstances said above, no different view can be taken against the present case. This case has apparently been filed by the complainant in retaliation of the complaint case filed by petitioner no. 6 under Section 498 A I.P.C. Purpose is to pressurize the petitioners not to pursue the case filed under Section 498 A I.P.C.. It is out and out misuse of the process of the Court. Accordingly, this application is allowed. Impugned order of cognizance dated 11.12.2007 passed by Sri Bharat Singh, Judicial Magistrate, Ist Class, Sasaram in Case No. 1079/2007 is hereby quashed. kanchan (Ghanshyam Prasad, J.)