BIBI MURSHIDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner No. 1 who is the wife of the Opposite Party no. 2 and the rest of her family members seek quashing of the order of cognizance dated 31.01.2012 passed by the Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No. 152 of 2012.

(2.) The case of the Complainant is that he was married to the Petitioner No. 1 but all was not well. On the date of occurrence, he saw that the accused persons leaving from his house with the house-hold articles and jewellery since they were aggrieved with the inaction of the Complainant to transfer part of his ancestral property in the name of his wife.

(3.) It has been submitted on behalf of the Petitioners that evidently the present Complaint is malicious and in fact the Petitioner No. 1 after thirty years of marriage was compelled to file Divorce Case No. 17 of 2012 before the Principal Judge, Family Court, Bhagalpur. It also appears that the Complainant is a very greedy person who had received Rs. 1,25,000/- from the brother of Petitioner No. 1 for executing a Sale-deed for a certain piece of land. Subsequently, the Complainant filed Title Suit No. 74 of 2012 on 10.02.2012 for declaring the said Sale Deed dated 13.02.2009 null and void. Evidently, in these circumstances, it appears that the property dispute has led to institution of a false Complaint.