CRIMINAL MISCELLANIOUS No. 14446 OF 2004 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** 1. SHRINATH PRADHAN, S/O LATE MAHESH PRADHAN 2. RAJMUNI DEVI W/O SHRINATH PRADHAN. 3. RAVI SONAL S/O SHRINATH PRADHAN. --------------------------(Appellants) Versus 1. THE STATE OF BIHAR 2. SMT. RENU RAI, W/O SHRI MURARI KUMAR. -----------------------(Respondents) ************ For the Petitioners : Sheo Nandan Pal Singh Ashok Kumar For the State : Nirbhay Kr. Singh P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioners seek quashing of entire proceedings including the order dated 27.4.2004 by which Chief Judicial Magistrate, Patna as taken cognizance for offences under Sections 341 and 323 of I.P.C. in Gardani Bagh P.S. Case No. 336/2003. 2. On 20.9.2005 notices were issued to the opposite party no. 2 and thereafter on 3.1.06 the application was admitted for hearing with a further order of stay of further proceedings in the court below. 3. The contention of the petitioner is that on 30.07.2003 the opposite party no. 2 filed a complaint before the court below stating therein that the petitioner no. 2 who is step mother where as petitioner no. 3 who is the step brother and the petitioner no. 1 who is the father of the complainant were allegedly torturing her and even assaulted her on 4.3.2003. The further allegation was that the petitioner no. 2 snatched her golden chain where as the petitioner 3 snatched some sweets from her and therefore they were liable for prosecution under Sections 323, 379, 408 and 120- B I.P.C. 4. It has been submitted that from the narrative of the First Information Report it appears that it is a case of family dispute between the parties and some domestic grudge has led to the filing of the present complaint and it being malicious in nature is fit to be quashed. 5. I am inclined to accept the submission of the petitioners that the complaint appears to have been filed only on account of some dissatisfaction of the complainant in the family set-up and probably now the complainant has lost interest and therefore is not pursuing the matter. 6. In view of such this application is allowed and the entire proceeding including the order dated 27.4.2004 by which Chief Judicial Magistrate, Patna has taken cognizance in Gardani Bagh P.S. Case No. 336/2003 is here by quashed. 7. Application stands allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 16th July, 2010 NAFR/ Fahad.