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Judgment
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 22.04.2015 passed by the Sub-
Divisional Judicial Magistrate, Patna, in Complaint Case No.2293-C of 2005 by which the learned Magistrate has dismissed the petition filed by the
petitioners for their discharge under Section 245 Cr. P. C.
Heard learned counsel for the petitioners and the learned APP for the State in admission matter.
Notice was issued to the Opposite Party No.2, who has appeared through lawyer by filing Vakalatnama, but today none appears on behalf of the
Opposite Party No.2.
Counsel for the petitioners has submitted that entire transaction took place between the Complainant and Dr. Akhilesh Singh. Petitioner Nos.1, 2 3 are
son, daughter and wife of Dr. Akhilesh Singh and petitioner No.4 is an outsider not concerned with the family affairs of Dr. Akhilesh Singh.
In the Complaint Petition, it is alleged that the Complainant contacted Dr. Akhilesh Singh for performing marriage of his daughters with the son of Dr.
Akhilesh Singh. They have also decided that the marriage will be solemnized in February, 2005, but finally marriage could not be performed as Dr.
Akhilesh Singh made demand of rupees fifteen lacs.
Section 245 (1) Cr. P. C. clearly speaks If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be
recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
In the instant case, from the allegation in the Complaint Petition itself, it appears that no case is made out against these petitioners.
In view of such, impugned order dated 22.04.2015 passed by the Sub-Divisional Judicial Magistrate, Patna, in Complaint Case No.2293-C of 2005
along with entire criminal proceeding against the petitioners is hereby quashed. They are discharged from the charges levelled against them.
This application is, accordingly, allowed at the admission stage itself.