RUBEDA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sri Satish Chandra Mishra, learned counsel for the petitioner is present. None appears for opposite party no.2 even though served.

(2.) Applicants herein seek quashing of a criminal case registered against them by the Judicial Magistrate 1st Class, Purnea in Complaint Case No.2137 of 2013 taking cognizance for offence under Sections 406, 420 and 120B of the Indian Penal Code.

(3.) Complainant-Opposite party no.2 in spite of notice has not appeared and having heard learned counsel for the applicants and on a perusal of the material available on record it is seen that complainant Bibi Mahenaz Begum @ Methi filed the complaint case inter alia on the ground that she is a teacher in Government Primary School Jhauari since 2006. Her father and father of respondent no.1, the accused, who is a retired Accountant, were friends, they were in family terms and the members of both the families used to visit each other house. In the process it is said that accused no.1 became friendly with the complainant and her family members. She fell into his trap, on the promise of marriage, had relationship with him and sometimes in July, 2013 she was tempted to purchase certain piece of land for a consideration of Rs.6, 50, 000/-. It is said that accused no.1 is a land broker and being influenced by him, the complainant agreed to purchase land and accordingly, a sum of Rs.3, 00, 000/- was granted to accused no.1. He deposited certain sale deeds and paper with her; and the second installment of Rs.2, 50, 000/- was given by her to accused no.1 in the presence of accused no.2 Tajuddin Alam and third installment of Rs.1, 00, 000/- was also paid by her to accused no.1. Inter alia contending that in spite of receiving more than Rs.7.5 lacs, accused no.1 has not registered sale deeds, did not marry her and committed an offence, as indicated hereinabove above, the complaint was filed and in support of the complaint, statements of three witnesses were recorded, namely, the applicant herself and her two witnesses namely Bibi Mahenaz Begum, sister of the complainant, and another person, namely one Md. Rafique Ahmad.