DINANATH KUMAR @ DINANATH PRASAD SON OF BANARSI PRASAD AND ORS Vs. STATE OF BIHAR; GUNJA DEVI WIFE OF DINANATH KUMAR

JUDGEMENT

(1.) Heard Mr. Raju Giri, learned Counsel for the petitioners and Dr. Maya Nand Jha, learned A.P.P. for the State.

(2.) The petitioners have challenged the order dated 20.7.2007 passed by the Sub Divisional Judicial Magistrate, Sadar Motihari in Trial No. 2494 of 2007, arising out of Sugauli P.S. Case No. 140/04. By the said order, the learned court below has rejected the petition filed on behalf of the petitioners under Section 239 of the Code of Criminal Procedure for their discharge.

(3.) Learned Counsel for the petitioners while pressing this petition submitted that the present case was instituted maliciously by the informant. He refers annexure-2 to the petition and submits that earlier also the informant had filed a complaint case and in that complaint case, a compromise petition was filed and ultimately the case was compromised. He further submits that the Hon'ble Supreme Court has already made it clear that in a case instituted under Section 498A, if it is brought on record such complaint which was filed maliciously, then this Court is fully empowered under Section 482 Cr.P.C. to quash such proceeding.