SAMI AKHTAR, S/O SRI MOTIUR RAHMAN, RESIDENT OF VILLAGE LAHERIAGANJ PURAB TOL, P.S. AND DISTRICT MADHUBANI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) The petitioners have preferred this application under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 25.4.2013 passed by learned Chief Judicial Magistrate, Madhubani in Complaint Petition No.456 of 2013, by which it transmitted the complaint to Mahila Police to lodge the case under Sec. 156(3) of the Code of Criminal Procedure as well as for quashing the Madhubani Mahila P.S. Case No. 30 of 2013 dated 6.5.2013.

(3.) The prosecution case, in short, is that one Jitan Parveen, Opposite Party No.2, filed a complaint petition before the Chief Judicial Magistrate, Madhubani stating, inter alia, therein that the elder sister of the complainant was married with elder brother of accused No.1, namely, Md. Kamal Akhtar in the year 2011 and after marriage her sister went to her sasural and residing there. Her further case is that she being sister-in-law of accused No.1 used to go to her sister's sasural and accordingly accused No.1 fell in love with the complainant and showed his willingness to marry the complainant. However, father and mother of the opposite party No.2 did not agree and they went to the parents of accused No.1 for acceptance of their proposal and on the intervention of elder brother of accused No.1, her parents agreed to the same. However, elder brother of accused No.1 has put a condition that they have to bear educational expenditure of accused No.1, for which they agreed. It is also her case that thereafter marriage was solemnized and accused No.1 came back to his house. It is also alleged that thereafter accused No.1 along with his family members filed complaint petition being Complaint Case No. 984/12 before Chief Judicial Magistrate, Madhubani against the complainant and her family members with an intention to extort money from them, which was later on sent to the police for institution and investigation under Sec. 156(3) Crimial P.C. It is further alleged that thereafter the accused persons conspired and extorted huge amount from her parents which was deposited in the account of accused No.1.