IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14580 of 2007 MD.YASIN son of Latiful, Resident of village-Dhanpura, P.S.Jokihat, District-Araria. ………………… Petitioner Versus 1. STATE OF BIHAR 2. Bibi Rukhsana Khatoon Daughter of S.K. Sahid, alleging to be wife of S.K. Yasin, resident of village-Dhanapur, P.S. Jokihat, District-Araria. …………….. Opposite Parties ----------- 4 29.04.2009 Petitioner is the husband who is seeking quashing of the criminal proceeding which has arisen out of Complaint Case No. 1125C/2003, cognizance has been taken under Section 498(A) and 323 of the Indian Penal Code, notices had been issued upon O.P.No.2, Vakalatnama had been filed on behalf of the O.P.No.2 on 19.9.2007. Submission of learned counsel for the petitioner is that there is prima-facie evidence to show that the petitioner and O.P.No.2 had divorced according to the personal law and above factum has been adduced in writing which is evident from Annexure-2 as well as the certificate issued by Adalat Darulquaza Mahkama-e-sharia, Emarat-e-sharia, Hind P.O. Duba, District-Araria. If the divorce had been granted on 15.9.2001 no 2 relationship of husband and wife remained between the parties and in view of the same a complaint filed in the year, 2003 alleging the cause of action to have arisen on 18th of June, 2003 is nothing but out and out malicious action to harass the petitioner. Learned counsel appearing for the O.P.No.2 submits at the bar that the evidence brought on record is all forged and fabricated documents and not worthy for reliance. But the Court is constraint to record that despite O.P.No.2 having appeared in the matter more than two years ago no affidavit has been filed denying any of the allegations or evidence made in the quashing application. Prima-facie, therefore, the Court comes to a considered opinion that the petitioner has made out a case for interference and the Court is inclined to allow the application. The criminal proceeding pending in the Court below arising out of Complaint Case No. 1125C/2003 stands quashed and this quashing application is allowed. Bibhash (Ajay Kumar Tripathi, J.)