AVNISH KUMAR @ BABLU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 15.05.2013 passed by the Sub-Divisional Judicial Magistrate, Begusarai, in Complaint Case No.2488-C of 2012 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners under Section(s) 498-A, 323, 379, 417/34 Indian Penal Code and Section 4 of the Dowry Prohibition Act.

(2.) Heard learned counsel for the petitioners and the learned APP for the State as well as counsel for the Opposite Party No.2.

(3.) It has been submitted on behalf of the petitioners that the complainant herself does not want to live with husband. The husband has filed Matrimonial Suit No.71 of 2013 for restitution of conjugal rights before the Principal Judge, Family Court, Khagaria. Petitioner No.1 is working as Headmaster in a High School and he is always ready to keep the wife. Petitioner No.2 happens to be the Bhaisur of the Opposite Party No.2, who is Development Officer in Bihar Ambedkar University since 2002 and is living with his wife (Petitioner No.4) in the University Quarter at Muzaffarpur and there is no concern with Opposite Party No.2 because they are living separately. Petitioner No.4, Munni Devi @ Saroj Kumari, is Gotani of Opposite Party No.2 and she is also in government job working as Assistant Teacher at Muzaffarpur. Petitioner No.3 is widow old mother-in-law of the Opposite Party No.2-complainant, who is living with her elder son-petitioner No.2 at Muzaffarpur since 2002.