Khursheeda Begum And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50423 of 2014 Arising out of P.S. Case No. -216 Year- 2013 Thana - DARBHANGA District- DARBHANGA ========================================================

1. Khursheeda Begum Son of Late Shabbir Ahmad.

2. Md. Nadeem Eqbal Son of Late Shabbir Ahmad.

3. Asim Eqbal Son of Late Shabbir Ahmad All resident of villageKhairi Banka, Police Station- Bisfi, District- Madhubani.

4. Abdul Kaiyyum Son of Md. Ayub, resident of village- Pura Panchayat- Khutwara, Block P.S.- Sadar, District- Darbhanga.

5. Rozina Quaiser wife of Md. Kaiyyum, Both resident of villagePoora, Police Station- Sadar, District- Darbhanga.

6. Aaiysa Sultana @ Malka Wife of Abdul Malik.

7. Abdul Malik son of Md. Khalique Both are resident of village- Lal Bagh, Police Station- Town, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mosarrat Malik wife of Wasim Eqbal daughter of Malik, resident of village- Sainapati Kilaghat, Police Station- Town, DistrictDarbhanga. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Md. Harun Quareshi, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 18-03-2016 The Petitioners who are the in-laws seek quashing of the order dated 04.06.2014 passed by the Sub-divisional Judicial Magistrate, Darbhanga in Town Case No. 216 of 2013.

The case of the Informant is that she was married to Wasim Ekbal on 21.05.2012 according to muslim rites and she came to her matrimonial house but she was ousted on account of non-fulfilment of dowry.

Patna High Court Cr.Misc. No.50423 of 2014 dt.18-03-2016 It has been submitted that on reading the First Information Report it is apparent that the allegations are vague, general and sweeping in nature where the Petitioners are concerned.

On the other hand, Counsel for the Complainant submits that the Petitioners are the family members they should be put on trial.

Having gone through the documents annexed herein and the vague and sweeping nature of allegations against the present Petitioners, the proceeding including the order dated 04.06.2014 passed by the Sub-divisional Judicial Magistrate, Darbhanga in Town Case No. 216 of 2013 is, hereby, set aside so far as the Petitioners are concerned.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T