MD AFSAR HUSSAIN PARVEZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) This quashing application was heard along with Cr. Misc. No.25271 of 2012 as the parties i.e. Petitioners and Opposite Party No.2 are same. However, keeping in view different nature of allegations made in the case and for brevity, judgment has been passed separately in both the cases.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 21.08.2010 passed by the Chief Judicial Magistrate, Patna, in Domestic Violence Case No.50 of 2010 by which the learned Magistrate has taken cognizance against the petitioners for the offence under Section 12 of The Protection of Women from Domestic Violence Act, 2005, hereinafter to be referred as "DV Act".

(3.) In the instant case, Opposite Party No.2-Complainant has filed a petition under Section 12 of the DV Act that she was married to Afsar Hussain Parwez (Petitioner No.1) on 22.05.1998 according to Muslim Rites and Customs. Petitioner No.1 was working in Saudi Arabia and after marriage Complainant was taken to sister's house of Ayesha Khatoon. The Complainant was also taken to the ancestral house of the husband in Darbhanga and she stayed there for sometime and again came to her father's house. She gave birth to a male child on 13.02.2000. During this period, she was variously tortured by her husband and petitioner Nos.2 to 7. The husband used to make illegal demand of dowry etc. Husband of the Complainant (Petitioner No.1) left job at Saudi Arabia and came to India and thereafter he went to Kuwait with the help of brother of the Complainant. Petitioner No.1 is at present working in Kuwait and earning handsome amount. Petitioner No.1 paid only Rs.1,45,000/- while working in abroad between 01.02.2009 to January, 2010. The Complainant has filed Maintenance Case No.210 (M) of 2008 on 23.12.2008, which is pending before the Additional Family Court, Patna. Husband of the Complainant came to India in June, 2009. She went to meet him but she was not allowed to meet her husband by Petitioner Nos.2 to 7. Thereafter, she filed Complaint Case No.760-C of 2010 under Section 498-A Indian Penal Code against her husband and other accused persons. The husband (Petitioner No.1) has illicit relation with Petitioner No.6. Husband of the Complainant has made Petitioner No.6 as nominee in his bank account.