MD.SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) VIDE order dated 15.1.2009 on a prayer made by learned counsel for petitioner no. 1, he was allowed to withdraw the quashing application in question is so far as it related to him. The application stood dismissed against petitioner no. 1. Petitioner no. 1 is alleged to be the person who committed offence under section 493 of the Indian Penal Code. The present petition is therefore confined to petitioner nos. 2, 3 and 4. Petitioner no. 2 happens to be the father of petitioner no. 1 Md. Shahabuddin, petitioner no. 3 is the wife of petitioner no. 2 (mother of petitioner no. 1) and petitioner no. 4 is the daughter of petitioner nos. 2 and 3 (sister of peti -. tioner no. 1).

(3.) THIS application has been filed for quashing the order dated 5.7.2006 passed by Sri P.C. Verma, Judicial Magistrate, 1st class, Darbhanga in Tr. No. 2864 of 2006 (G.R. No. 333 of 2005) by virtue of which learned Magistrate has taken cognizance under section 493 of the Indian Penal Code against all the petitioners. The background to the present case is filing of a complaint petition where allegation has been made against petitioner no. 1 that he had committed rape on the informant with a promise to marry her at an appropriate time. It was on this promise based on which the offence continued to be committed against the complainant. The complainant is alleged to be working in the house of the petitioners as maid servant. After due investigation the police found the allegation to be false and submitted final form. Thereafter on a protest petition the present proceeding has reached the stage of cognizance against the petitioners.