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Judgment
Mandhata Singh, J.—Heard learned counsel for the parties. This application has been filed for quashing the order dated 9.5.2008 passed by Chief Judicial Magistrate, Buxar in Complaint Case No. 456(C) of 2007 whereby cognizance under Sections 323, 406, 498A and 420 of the Indian Penal Code.
Different nature of cruelty for different cause is shown in the complaint petition but marriage is 13 years earlier. Five children are there from the wedding.
Allegation begins with change in behavior of petitioner after sometime of marriage without disclosing that period. Firstly, threatening was given to complainant, thereafter demand of Rs. 50,000/- was made and thereafter it is said that petitioner husband began to come late in night and causing assault daily without showing any cause, further demand in share of price of house sold by complainant''s father, conducting of Panchayati, again without connecting any cause torture remained continued resulting into last incident of tying the complainant with a khamba by means of rope, keeping two days without meal and then an attempt to set her on fire after sprinkling kerosene oil is submitted unbelievable, I agree with the submission of learned counsel for the petitioner. In result, the application is allowed and the impugned order dated 9.5.2008 passed in Complaint Case No. 456(C) of 2007 is hereby quashed.