MANZAR HUSSAIN MANZAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This quashing application was heard along with Cr. Misc. No.7569 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 the sake of 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 29.04.2010 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.760-C of 2010 by which learned Magistrate after holding enquiry has found prima facie case against the Petitioners and husband of the Opposite Party No.2 for the offence under Section(s) 498-A Indian Penal Code.

(3.) The Complainant has alleged in the Complaint Petition that she was married with accused Md. Afsar Hussain Pervez on 22.05.1998 according to Muslim Rites and Rituals. She gave birth to a male child on 13.02.2000. She was tortured in her Sasural by her husband and his other family members (Petitioners) and the husband did not give her money for maintenance of herself and her newly born child. She filed maintenance case against her husband before the Principal Judge, Family Court, Patna, vide Maintenance Case No.210-M of 2008. Husband of the Complainant went to Kuwait and started working there at monthly salary of Rs.40,000/-. The job was arranged by her brother in Kuwait. The husband never sent/paid any money of her maintenance as well as her son. The Complainant learnt that her husband was sending money in the account of wife of his elder brother, namely, Ayesha (Petitioner No.6). The Petitioners, who are family members of the Complainant, became infuriated when they learnt about filing of Maintenance Case and even threatened the Complainant of dire consequences if she did not withdraw the maintenance case. It is further alleged that her husband came to India in July, 2009, but he did not come to meet the Complainant and her son. He stayed in the house of his brother-Azfar Hussain Firoz (Petitioner No.2). The Complainant during the said period when her husband was in India went to Amber Apartment in the flat of Azfar Hussain Firoz (Petitioner No.2) to meet her husband. She found all the accused persons were there. On seeing the Complainant, they became infuriated and directed the Complainant along with her father to leave the place. It is further alleged that on insistence of the Complainant, Petitioner Nos.4 and 5 jumped on the Complainant and by holding the Complainant by hands started dragging her towards the door. Father of the Complainant came to save her then Petitioner Nos. 4 and 5 reacted to such act of father of the Complainant. Petitioner Nos.1 and 2 caught hold of father of the Complainant and started assaulting with slaps and fists. Petitioner No.3 abused the Complainant and her father and pushed them out of the house. The Complainant and her father made request to the accused persons to allow her husband to visit their house and stay for sometime so that love and affection between husband and wife may be restored. Aforesaid occurrence took place on 30.07.2009. Father of the Complainant wanted to lodge a case against Petitioner Nos.1 and 5, but the Complainant did not agree for the same. It is further alleged that on request husband of the Complainant came to the house of the Complainant on 02.08.2009 along with his brother and relations. Their behaviour was not good. During his stay, husband of the Complainant started abusing and humiliating entire family. The husband also attempted to strangulate neck of the Complainant with intention to kill her. The husband also assaulted the Complainant to kill her and thereafter he entered into second marriage with another lady. The husband stayed in India for about a month and thereafter left for Kuwait. The husband again abused the Complainant on 16.03.2010 on phone and also rang at the residence of father of the Complainant and gave threat of dire consequences if the Complainant does not hand over the son, Belal Ahmad, to him. It is further alleged that on 17.03.2010, Petitioner No.1 along with Petitioner Nos.2 and 3 came to the house of the Complainant and started searching her son, who was sleeping in a room. The Complainant raised objection then they gave threat. Petitioner No.2 caught the Complainant by neck and hair. The Complainant raised halla then her father came and they started shouting then the accused persons fled away. All the accused persons again gave threat. Husband of the Complainant used to give threat on telephone from Kuwait. The Complainant approached the local police but the police did not lodge the First Information Report and hence Complaint Petition was filed.