VIJAY SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD

(2.) MR. S.B.K. Manglam, learned counsel appearing for the petitioners, Mr. Aditya Sharan, learned counsel for opposite party no. 2 and Md. Aslam Ansari, learned A.P.P. for the State. The petitioners by invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure have prayed for quashing of the order dated 10.10.2006 passed by Sri S.P. Mishra, the learned Judicial Magistrate, Ist Class, Patna in complaint Case No. 2082 (C)/2006 whereby and whereunder the learned Magistrate finding a prima facie case to be made out under Sections 323, 379, 420 and 504 of the Indian Penal Code has directed for issuance of process against them.

(3.) THE advocate who appeared on her behalf was also engaged by her husband. The Principal Judge, Family Court, Patna made no effort for re-conciliation in order to settle the dispute between the husband and wife in presence of the complainant. The address of complainant in the matrimonial suit was the address of the petitioners. Her signatures were taken on separate pages which were blank and were later on converted into petition. The complainant never consented to the proposal of divorce knowingly. The consent, if any, was obtained by practicing fraud upon her. He submits that after the decree of divorce, the complainant was in the house of her husband till the period of appeal was over and, thereafter, she was released from her husband's house and is now residing with her parents. Learned A.P.P. supports the contention made on behalf of opposite party no. 2 and defends the impugned order. Having heard the parties, it is to be seen as to whether the learned Magistrate was justified in summoning the petitioners to face trial. It is admitted fact that the marriage took place between the complainant and the opposite party no. 2 on 28.11.2003. There is also no dispute that pursuant to a joint petition filed on behalf of the parties, a decree of divorce has already been granted by mutual consent by a court of competent jurisdiction.