MD. QAMAR REHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C for quashing order dated 18.5.2009 passed by learned Sub-Divisional Judicial Magistrate, Sasaram (wrongly mentioned in para 1 and prayer portion of the petition as Sub-Divisional Magistrate, Sasaram) in Complaint Case No. 127/2009 by which and whereunder he having found prima facie case under Section 498A of the IPC and Section 3/ 4 of the D.P. Act ordered to issue summons against the petitioner and two other accused persons for procuring their attendance to face trial in the above stated Complaint Case No. 127/2009. The brief fact, which lies to file this quashing petition, is that opposite party No. 2, namely, Sadaf Fatma filed complaint case bearing Complaint Case No. 127/2009 in the Court of learned Chief Judicial Magistrate, Sasaram, Rohtas against the petitioner and six other accused persons alleging therein that her marriage was solemnized on 17.4.2006 according to rites and rituals of Mohammedan Law. On the date of marriage, petitioner and other accused demanded Rs. 3 lakh for purchasing a car and one flat at Allahabad (U.P.) but any-how, marriage was solemnized and opposite party No. 2 went to her matrimonial home. It is further alleged that other accused did not behave properly with opposite party No. 2 and her parents-in-law as well as Nanad used to abuse her as well as pass sarcastic comments against her and, accordingly, she was put into mental and physical harassment. Her father several times tried to pacify the matter but the petitioner and his family members did not pay any heed towards the request of her father. Lastly on 25.12.2008 she was driven out from her matrimonial home and her belongings were kept by the petitioner as well as his other family members.

(2.) The learned Sub-Divisional Judicial Magistrate, Sasaram enquired into the above stated complaint petition and having found prima facie case against the petitioner as well as two other accused persons namely, Md. Alhaj Ali Hussain @ Siddique and Ahmadi Begum, ordered to issue summons whereas he did not find any case against rest accused persons. Being aggrieved by the above stated impugned order dated 18.5.2009, the petitioner has filed this quashing petition.

(3.) Opposite party No. 2 was noticed by this Court and she made her appearance through her Counsel and also filed counter affidavit.