Chanda Khatoon and Others vs The State of Bihar and Another

Syed Md. Mahfooz Alam, J.—This application has been filed for quashing the order dated 26.9.2005 passed by Sri R.N.S. Pandey, Judicial Magistrate, Bettiah, West Champaran, in protest complaint case No. 2419-C of 2004 whereby he has been pleased to take cognizance under sections 448, 323 and 379 of the Indian Penal Code against the petitioners. It has been submitted by the learned Advocate of the petitioners that petitioner No. 1 Chanda Khatoon is the wife of opposite party No. 2 Azimuddin Ansari against whom father of petitioner No. 1 had filed a complaint case which was converted into FIR and on that basis Chanpatiya P.S. case No. 130 of 2003 was instituted and thereafter the police submitted chargesheet in the said case u/s 498A of the Indian Penal Code against the opposite party No. 2 and others. Learned Advocate further submitted that after a month since the date of filing of the case by the father of petitioner No. 1, opposite party No. 2 filed a complaint against the petitioners which was sent to Shikarpur P.S. and on that basis Shikarpur P.S. case No. 140 of 2003 was instituted but after investigation the police submitted final form in the said case and then on the basis of protest petition cognizance was taken by the impugned order against the petitioners.

Learned Advocate of the petitioners further submitted that from the above submission it is established that opposite party No. 2 had filed Shikarpur P.S. case 140 of 2003 in order to put pressure upon the father of the petitioner No. 1 to withdraw the case filed by him against the opposite party No. 2 and others. He further submitted that since the case was found false during investigation and, so, the learned court below should not have taken cognizance against the petitioners.

Admittedly, Shikarpur P.S. case No. 140 of 2003 was instituted one month after the filing of complaint case by the father of the petitioner No. 1 Chanda Khatoon. It is also admitted that during investigation the police had submitted final report in the case which establishes that the allegation leveled in the complaint petition was not true. I am also of the view that this complaint case was filed by opposite party No. 2 in order to put pressure upon the father of the petitioner No. 1 Chanda Khatoon to withdraw the case. Under the circumstances, I am of the opinion that this case has got merit and, as such, the same is hereby allowed. Accordingly, this quashing application is allowed and the impugned order dt. 26.9.2005 whereby the learned court below has taken cognizance against the petitioners in Protest Complaint case No. 2419-C of 2004 is hereby quashed and further proceeding in the above mentioned case is ordered to be dropped against the petitioners.