IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14070 of 2007 1. SHIV NANDAN CHOUDHARY, Son of Late Bishu Choudhary. 2. Mithilesh Choudhary, Son of Shiv Nandan Choudhary. 3.Nilesh Choudhary, Son of Shiv Nandan Choudhary. 4.Arbind Choudhary, Son of Rambilash Choudhary. 5.Satyanand Choudhary, Son of Suresh Choudhary. 6.Laddu Choudhary, Son of Yukti Choudhary. 7.Ramdeo Roy, Son of Mahadeo Roy. Versus 1. STATE OF BIHAR 2.Sri Rajendra Kishore Sharma, Son of Late Bakshi Prasad Sharma. FOR THE PETITIONER:MR.DR.AMRENDRA KUMAR SINGH,ADVOCATE FOR O.P.: MR. B.N.TIWARY .ADVOCATE. FOR THE STATE : MR. JHARKHANDI UPADHAYAY ,A.P.P. ----------- 8. 12.05.2011 Heard counsel for the petitioner and Additional Public Prosecutor appearing on behalf of the State. No body appears on behalf of opposite party No.2 despite valid service of notice. The complainant of the case Rajendra Kishore Sharma, opposite party No.2 has filed the present case alleging that his son Nishant has been abducted by his father-in-law and other family members .The petitioner prays for quashing the order of cognizance on the ground that the case has been filed out of malice and with an intention to create defence in other cases. The facts are that petitioner No. 1 has instituted a case as contained in Annexure -2 under 2 sections 494 & 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, claiming that Nishant and his family members including opposite party No.2 used to torture his daughter for demand of dowry. Nishant is an Army Personnel and as such the daughter of petitioner No.1 had filed an application for grant of maintenance to her directly from the salary of Nishant. It is submitted that opposite party No.1 peeved with the actions of the petitioner and his family members has instituted this case to create a defence in this. This court cannot appreciate such actions taken by the family members of the husband. It smacks of malice and therefore in the aforesaid circumstances, I quash the order dated 16.10.2003 passed in Amarpur P.S.Case No.167/2000 pending before Court of the Chief Judicial Magistrate, Banka. This application is accordingly allowed. Nitesh (Sheema Ali Khan, J.)