R.R. Prasad, J. - (1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding of Complaint Case No. 1092 of 1998 (T.R. No. 73 of 2005) including the order dated 7.12.1998 whereby and whereunder learned Sub -Divisional Judicial Magistrate, Giridih took cognizance of the offences under Sections 147 148 149 120 -B 452 323 341 342 354 380 and 384 of the Indian Penal Code against the petitioners.
(2.) LEARNED counsel appearing for the petitioners submitted that the complainant -opposite party No. 2 filed a complaint which was registered as Complaint Case No. 1092 of 1998 alleging therein that on 8.8.1995 the petitioners and other accused persons came variously armed to her house and held out threat of life to her husband and some of them, assaulted her and also dragged her by catching hold her hair and then accused persons took away household articles as well as articles of her shop and they also took the signatures of her husband as well as her son forcibly on a plain piece of paper and for that an information was given to the police station but Officer -in -Charge instead of instituting a case initiated a proceeding under Section 107 of the Code of Criminal Procedure. Upon filing the said complaint, the statement of complainant was recorded on solemn affirmation and subsequently in course of enquiry statements of the witnesses were also recorded and thereupon cognizance of the offences under Sections 147 148 149 120 -B 452 323 341 342 354 380 384 of the Indian Penal Code was taken by leaned Sub -Divisional Judicial Magistrate, Giridih, vide order dated 7.12.1998 and thereupon processes where issued against the petitioners. The petitioners were quite surprised to know that they have been summoned to face the trial as for the same occurrence, husband of the complainant had brought a complaint case which had been registered as Complaint Case No. 495 of 1995 on 22.8.1995 on the same set of allegations with the difference that earlier only 13 persons had been made accused whereas in the instant case 29 persons have been made accused and that in the instant case the complainant is the wife of Mahendra Prasad Sahu whereas earlier complaint was lodged by Mahendra Prasad Sahu, husband of the complainant who after lodging the said complaint had filed an application on 28.9.1995 in the said complaint bearing No. 495 of 1995 praying therein to drop the proceeding on the ground that the parties who are agnates to each other have settled their dispute and, accordingly, the Chief Judicial Magistrate, Giridih after recording the contents of the application filed by the complainant dropped the proceeding, vide order dated 29.9.1995 and almost after three years, this complaint was lodged only to wreak vengeance and, therefore, cognizance taken in the instant case against the petitioners is fit to be set aside.
(3.) LEARNED counsel further submitted that the proceeding relating to three petitioners has already been quashed by this Court, vide order dated 20.7.2004 passed in Cr. Misc. No. 2044 of 1999(R) after the Court did find that the complaint has been filed to wreak vengeance.;