IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42448 of 2008 1. Shashi Kant Verma 2. Ram Kishun Singh 3. Lalita Devi 4. Mantosh Singh Versus State Of Bihar & Anr ---------------------------------- 03. 24.08.2011 This is an application for quashing the order dated 12.9.2008 passed by S.D.J.M., Bikramganj, Rohtas in G.R. No.518 of 2006, Tr. No.2377 of 2008 arising out of Surajpura P. S. Case No.36 of 2006 by which he has rejected the petition filed by the petitioners under Section 239 of the Cr. P.C. Heard learned counsel for the petitioners and learned counsel for the State. Torture with ouster is the allegation. Submission of learned counsel for the petitioners is that complainant, if, was ousted then also in the year 2003, but did not come to Court till 21.7.2006, because of the reason that reality was that she left the matrimonial home in the year 2003, deserted the husband, so, husband filed a Matrimonial Case No.15 of 2006 for restitution of conjugal rights on 17.2.2006. She was noticed and appeared also on 15.6.2006 thereafter, to justify her desertion and create a defence, this complaint case with false allegation was filed and petitioners (father in-law, mother in-law, husband, brother in-law) are made accused in the case. Points raised on behalf of petitioners’ lawyer may certainly a good 2 defence leading towards their innocence, but at appropriate stage to be considered at final disposal of the case. With such observation, this quashing application is dismissed hereby. Vikash (Mandhata Singh, J.)