Md. Mushtaque And ORS. v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41808 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- SEKHPURA ===========================================================
1. Md. Mushtaque, S/O Abul Mian,
2. Abul Mian, S/O Late Albaks Mian,
3. Hakiman Khatoon, W/O Abul Mian,
4. Md. Astam, S/O Abul Mian,
5. Munni Khatoon, W/O Md. Aslam, all resident of Rahmaniganj Bazar Kajraili, P.S.- Kajraili, District- Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Afsana Parveen, W/O Md. Mustaque, D/O Md. Manir, resident of villageYahiyapur, Police Station- Sheikhpura, District- Sheikhpura .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Md. Najmul Hoda, Advocate For the State : Mr. C. Jawahar, APP For the Opposite Party No.2: Md. Nurul Hoda, Advocate Mr. Shakil Ahmad Khan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 12-09-2017
1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 29.06.2011 passed by the Chief Judicial Magistrate, Sheikhpura, in Complaint Case No.125-C of 2011 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Section(s) 498-A/34 Indian Penal Code.
2. Counsel for the petitioners has submitted that petitioner No.1-husband is ready to keep the Opposite Party No.2-wife with full dignity and care. He has further submitted that the petitioner No.1husband has filed a matrimonial case under Section 281 of the Muslim
Patna High Court Cr.Misc. No.41808 of 2011 dt.12-09-2017 2/3 Marriage Act in the Court of the Principal Judge, Family Court, Bhagalpur, for restitution of conjugal rights vide Matrimonial Case No.167 of 2011.
3. Counsel for the petitioners has further submitted that the matter be sent to the Patna High Court Mediation & Conciliation Centre for amicable settlement.
4. Counsel for the Opposite Party No.2-wife has submitted that on the one hand petitioner No.1 is submitting that he is ready to keep the wife, but on the other hand, he has filed a case against the wife and her family members vide Complaint Case No.520 of 2011 in which learned Magistrate has found prima facie case against the Opposite Party No.2 for the offence under Section(s) 379 Indian Penal Code.
5. The Complainant-Opposite Party No.2 in her statement on Solemn Affirmation has fully supported the case.
6. Lower Court Records have been received. From perusal of the Solemn Affirmation of the Complainant, statement of three witnesses recorded during enquiry, this Court finds that all the witnesses have supported the case and have levelled specific allegation against these petitioners.
7. Therefore, this Court does not find any illegality in the impugned order dated 29.06.2011 passed by the Chief Judicial Magistrate, Sheikhpura, in Complaint Case No.125-C of 2011 by which
Patna High Court Cr.Misc. No.41808 of 2011 dt.12-09-2017 3/3 the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Section(s) 498-A/34 Indian Penal Code.
8. This application is, accordingly, dismissed.
9. The Court below will proceed with the trial in accordance with law.
(Sanjay Priya, J) J.Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22-09-2017 Transmission Date 22-09-2017