IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24657 of 2007 MALA DEVI @ MALA DAS & ORS Versus STATE OF BIHAR ----------- For the petitioners : Mr. Ranjan Kumar Jha, Adv., : Mr. Anju Jha, Adv., For the State : Mr. Gopesh Kumar, APP., For the opposite Party No. 2 : Mr. Nand Kumar Singh, Adv. --------- 3. 16.5.2008. This application under Section 482 Cr.P.C. has been filed to quash the order dated 10.12.2006 passed by Judicial Magistrate, Ist Class, Banka in Complaint Case no. 66 of 2006 thereby cognizance under Sections 147,323, 504 of the Indian Penal Code has been taken against the petitioners. Heard learned counsel for the petitioners as well as opposite party no. 2. The submission of learned counsel for the petitioners is that the daughter of petitioner no.3 Narayan Das has been married with the brother of opposite party no. 2 in the year 1989. As a result of torture etc. meted out to the daughter of petitioner no. 3, she filed a case under Section 498 A of the Indian Penal Code against her husband and his other family members. Thereafter, this case has been filed by brother of husband of daughter of petitioner no. 3 in retaliation and to make a defence. In support of the contention, annexure-2 has been filed. On the other hand, learned counsel for opposite party no. 2 submitted that the occurrence as alleged in the complaint petition is true. The petitioners came to the house of opposite party no. 2 and committed offence and therefore this complaint case has - 2 - been filed. Considered the submission of learned counsel for both the parties as also annexure-2, Complaint Petition filed by Sabitri Das daughter of petitioner no. 3. It is quite clear from the facts and circumstances that this case has been filed in retaliation of earlier case filed by Sabitri Das in order to wreak vengeance against these petitioners. Taking cognizance in such matter is out and out misuse of the process of the Court. As a result, this application is allowed. Impugned order of cognizance dated 10.12.2006 passed by Judicial Magistrate, Ist Class, Banka in Complaint Case no. 66 of 2006 is, hereby, quashed. kanchan (Ghanshyam Prasad, J.)