ASHA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure (for short "the CrPC") has been filed for quashing of the order dated 20.04.2013 passed by the learned Sub Divisional Judicial Magistrate, Vaishali in Trial No.3194 of 2013 arising out of Complaint Case No.3331 of 2012 by which finding a prima facie case to be made out under Sec. 498A of the Indian Penal Code (for short "the IPC") the petitioners along with one Chandeshwar Rai have been summoned to face trial.

(2.) The complaint has been instituted with allegation that co-accused Chandeshwar Rai, the husband of the complainant had developed extra marital relationship with the petitioner no.1 Asha Devi, daughter of petitioner no.2 Ram Chandra Rai and mother of petitioner no.3 Deepak Singh @ Deepak Kumar Yadav. On protest made by the complainant, her husband Chandeshwar Rai assaulted her and called other accused persons and with their assistance kicked her out of the matrimonial house after retaining her ornaments.

(3.) On the basis of the above allegation, after conducting enquiry under Sec. 202 of the CrPC, the learned Sub Divisional Judicial Magistrate vide order dated 20.04.2013 summoned the petitioners and aforesaid Chandeshwar Rai to face prosecution under Sec. 498A of the IPC.