IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18634 of 1999 SISTER SARALA A MEMBER OF NETRODAME SOCIETY. A.J. ABRAHAM, RESIDENT OF VILLAGE PIPAL PATI ROAD, POLICE STATION- KOTWALI, DISTRICT- MUNGER.. PETITIONER Versus 1. STATE OF BIHAR 2. SMT. PHUL DEVI WIFE OF DEBU SAHNI, VILLAGE- LAL DARWAJA, P.S. KOTWALI, DISTRICT-MUNGER- OPP.PARTIES. ---------- 3 28-4-2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. The records show that notices have been validly served upon the complainant opposite party no.2 and counsel’s name is appearing in the list but nobody has appeared to oppose this quashing application filed under section 482 of the Code of Criminal Procedure. 3 The prayer made in this application is to quash the order of cognizance dated 3-2-1999 passed in complaint case no. 478 ( C) /1998 for offences under sections 323,347,386/34 of the Indian Penal Code. 4. It has been submitted that admittedly the complainant was a maid servant in Netrodeme Academy, Munger and she has half-heartedly admitted in the complaint petition that her service was terminated and she had moved the Labour Department against such termination. According to learned counsel for the petitioner the complainant was removed from service on 28-8-1998 as pleaded in paragraph-7 which has not been controverted through any counter-affidavit and such action was taken against the complainant on account of a complaint 2 from the father of a student disclosing that as a maid servant the complainant had assaulted his son due to which he received injury. The complaint of the parent has been annexed as annexure-2 . It has been shown that the present complaint case was lodged on 18-9-1998 for the alleged occurrence dated 17-9- 1998 when the complainant had been already removed from service on 28-8-1998. 5. According to learned counsel for the petitioner there was no occasion for a dismissed maid servant of this school to work in the school September 1998 when the alleged occurrence is said to have taken place. The case of the petitioner is that the allegations are highly improbable and the entire case is a malicious and mala fide prosecution due to grudge on account of dismissal of the complainant from service. Reliance has been placed upon judgment of the Supreme Court in the case of State of Haryana Vrs. Bhajan Lal, reported in 1992, supple (1) SCC 335, particularly to category nos.5 and 7 mentioned in paragraph- 102 of that judgment to highlight that criminal prosecution may be quashed where the allegations are so absurd and inherently improbable that no prudent person can rely on the same or where a criminal proceeding is mala fide and instituted with an ulterior motive for wreaking vengeance on the accused. 6. On a proper consideration of the relevant facts and circumstances and the judgment cited above, it is found that the submissions advanced on behalf of the petitioner have merit. 3 The allegations appear to be improbable, levelled with an ulterior motive to wreak vengeance . Hence the impugned order is quashed. This application is allowed. Naresh ( Shiva Kirti Singh, J.)