IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48947 of 2007 CHHATIS DAS & ORS Versus THE STATE OF BIHAR & ANR ----------- 03 24.02.2009 Heard learned counsel for the petitioners, learned counsel for the State and also learned counsel for opposite party no.2. Petitioner no.9 filed Complaint Case No. 145 of 2007 against the present complainant, who is her father- in-law, along with her husband and other family members under Sections 498A of the Indian Penal Code and ¾ of the Dowry Prohibition Act. The present complaint, by the father-in-law, then came to be filed against the daughter- in-law and entire family members under Sections 323, 379, 120(B) and 504 of the Indian Penal Code. Learned counsel for the petitioners, submits that taking of cognizance and issuance of summons against an accused is a serious matter, not to be resorted to lightly. That it is to be examined in the entire facts and circumstances of the case whether in a particular situation it was filed only to wreak vengeance. Learned counsel for opposite party no.2 urged that cognizance has been taken on the complaint case filed by him. Complaint Case No. 145 of 2007 was filed - 2 - earlier in time on 27.1.2007. The present Complaint has been filed on 11.4.2007. This Court, in the facts and circumstances, is satisfied that the present allegations were filed only to wreak vengeance against the petitioner no.9 and her entire family members for having instituted the complaint case earlier in time under Section 498A of the Indian Penal Code and ¾ of the Dowry Prohibition Act in attempt to thwart the continuance of the said prosecution by compelling the petitioners to engage in their defence in the present case. The order for cognizance and the entire proceeding in Complaint Case no. 593 of 2007 pending before the Judicial Magistrate, Ist Class, Banka under Sections 323, 379, 120(B) and 504 of the Indian Penal Code is hereby quashed. The application stands allowed. P.K. (Navin Sinha, J.)