ASHWANI KUMAR SINGH, J.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Opposite Party No.2.

2. By way of the present application preferred under Section 482 of the Code of Criminal Procedure (for short ‘CrPC’), the petitioner seeks quashing of the order dated 10.07.2015 passed by the learned Sub Divisional Judicial Magistrate, Patna in G.R. No. 3693 of 2013 arising out of Shastri Nagar P.S.Case No. 253 of 2011, whereby the learned Sub Divisional Judicial Magistrate, Patna has rejected the application filed by the petitioner under Section 239 of the CrPC for discharge.

3. It has been contended by the learned counsel for the petitioner that the present case has been instituted in retaliation to the matrimonial suit being Matrimonial Case No. 481 of 2011 filed on behalf of the petitioner prior to the lodging of the present case. It is further contended that the allegations made in the FIR are absolutely false. The informant had earlier lodged information to the police pursuant to which Station Diary Entry No. 658 of 2011 was made and thereafter during enquiry of the said Station Diary Entry the police had called for the call