Heard.

2. This is a petition for quashing the order taking cognizance dated 02. 04. 2012 passed by the Judicial Magistrate, 1st Class, Patna, in Complasint-cum-Protest Case No. 2728 (C) of 2010 (arising out of Budha Colony P.S. Case No. 275 of 2009, by which cognizance has been taken under Sections 498A, 341, 323 and 504 of the Indian Penal Code.

3. The prosecution case as alleged in the First Information Report by the complainant Sima Singh that her marriage was solemnised with Sunil Chandra Singh, son of Sia Charan Singh on 13th February, 2006 according to Hindu rites and she is leaving since 14. 02. 2006 at Flat No. 204, East Boring Canal Road. It is further alleged that his father-in-law Sia Charan Singh aged about 65 years who lives at Daltanganj. It is further alleged under conspiracy Renu Singh who is subject her to cruelty along with her parents and always demand heavy amount. It is further alleged that accused persons subjected her to cruelty and threatened. It is further alleged that on 06. 02. 2009 at about 5 P.M. Renu Singh entered into the house forcibly and abused and assaulted the complainant as well as threatened her and then she informed the Officer-in-Charge,Budha Colony.The accused persons however assured her they will not repeat the occurrence so the information given kept in cold storage. It is further alleged that Renu Singh in August, 2009, came to Patna from England and on 06. 02. 2009 and she again subjected her to cruelty by abusing and threatened and demand of dowry. It is further alleged that again third time Renu Singh for subjecting her to cruelty came to Patna from England on December, 2009 and on 24. 12. 2009 at about 5 P.M. all the accused persons came at the darwaja of flat of the complainant at Boring Road and abused and threatened. The complainant heard the abuses from inside and peeped through peeping glass. It is further alleged that Mahendra Singh stated to break open the door and tried to kill Shima Devi and her mother. Thereafter, Renu Devi locked the door of the flat of the complainant from outside and disconnected the electric line. It is further alleged that Shima Devi, the complainant informed the Budha Colony police on mobile then Budha Colony police came and unbolted the door and she disclosed the fact the police and they assured to take action. It is further alleged that on 26. 12. 2009 at about 10 A.M. Mahendra Singh came and met the father and mother of the complainant demanded ransom of Rs. 25,000/ from her otherwise she will face consequence. It is further alleged that her father-in-law, namely, Sia Charan Singh is owner of huge property worth crores of rupees and Renu Singh wants to grab the property of her father-in-law for which reason Renu Singh wants to remove her. It is further alleged that Renu Singh disclosed herself that she is eldest sister-in-law of her father-in-law, though, Dr. Satish Chandra Singh is eldest son of Sia Charan Singh who married with one Manju Devi and lives at the house constructed by his father-in-law.

4. On the written report of Shima Singh, F.I.R. was lodged bearing Budha Colony P.S. Case No. 275 of 2009, dated 09. 12. 2009. The police after investigation submitted Final Form. However, the case proceeded on protest-cum-complaint petition. Thereafter, statement on Solemn Affirmation of the complainant and witnesses were recorded and cognizance was taken by the Judicial Magistrate by the impugned order.

5. Learned counsel for the petitioners however challenged the order impugned on the allegation made in the complaint even accepted on the face value is apparently absurd and inherently improbable and manifestly absurd, , though, there is allegation of subject her to cruelty against Renu Singh. It is further submitted that allegation made in the complaint, though specific against Renu Singh but other accused persons who have been made accused, there is general and omnibus allegation that they are under conspiracy with Renu Singh. These allegation