Judgment:
Rekha Kumari, J.
1. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 28.1.2002 passed by Mr. A.J. Shrivastava, J.M., 1st Class, Banka in Complaint Case No. 906/2001 by which he has taken cognizance and directed for issuance of summons against the petitioners for facing trial for the offences under Sections 323 and 379 of the Indian Penal Code.
2. Learned Counsel for the petitioners submitted that the case is false. The complainant has brought this case against his wife and her relatives and that petitioner No. 1 (wife) had brought a Complaint Case No. 322/99 against the complainant and others for torture and dowry under Sections 498A, 379 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and one maintenance case under Section 125, Cr. P.C. and this case has been filed mala fide for harassing petitioner No. 1 and others. He further submitted that the allegation in the complaint petition is that the petitioners went near the house of the complainant and assaulted him and also snatched away golden chain, Rs. 10,000 in cash which is absurd because petitioner No. 1 is the wife of the complainant, petitioner No. 3 is the mother and petitioner No. 4 is the sister of petitioner No. 1 and it is highly improbable that these family members would go near the house of the complainant and committed the above crime.
3. Learned Counsel for opposite party No. 2 defended the impugned order.
4. Considering the submissions of the learned Counsel for the petitioners in my opinion, it would be an abuse of the process of the Court to proceed with the complaint case.
5. In the result, the impugned order is quashed and this application is allowed.