ASLAM KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application u/s. 482 of the Code of Criminal Procedure, 1973 ( In short "the Code"), by which the petitioners have made a prayer for quashment of the order dated 5.5.2003 of Shri S.K. Pandey, Judicial Magistrate, Ist Class, Aurangabad (Bihar) passed in Complaint Case No. 85/2003, Tr. No. 869/2003 by which the learned Court below has taken cognizance of the offence under sec. 498A of the Indian Penal Code, against the petitioners. The petitioners have also prayed for quashment of the order dated 19.1.2005 passed by Sri Umesh Chandra Mishra, Additional Sessions Judge (Fast track Court No. III), Aurangabad in Criminal Revision No. 116/2003/3/2004.

(2.) THE instant trial arises out of a complaint filed by the complainant -wife against her husband. Md. Aslam Khan, and two others alleging, inter alia, that she was married with petitioner No. 1 about 11. years back and two daughters and two sons were borne out of this wedlock but the petitioner No. 1 again married for the second time with one Halima Khatoon and then third marriage and when the complainant protested, she was harassed, assaulted and also subjected to torture and cruelty at the hands of the petitioners. The petitioner No. 1 used to demand Rs. 50,000.00 . On protest, the complainant was badly assaulted by her husband, father -in -law and newly wedded wife of her husband and, ultimately, for non -fulfilment of payment of Rs. 50,000.00 she was driven out from the house.

(3.) IN order to avail the inherent powers of the High Curt u/s. 482 of the Code for quashment of the Criminal Proceedings, it has be to be shown that there is exceptional case for exercise of such powers. The complaint made by the complainant wife clearly involves all the three petitioners before this Court. It cannot be said that there is no offence constituted on the plain reading of the complaint and the other supporting papers.