The court emphasized that continuing proceedings based on false allegations in settled matrimonial disputes constitutes an abuse of process.

JUDGMENT :

(Chandra Shekhar Jha, J.)

Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed by the petitioner for quashing of the order dated 13.01.2015 passed by learned Judicial Magistrate-1st Class, Rosera, Samastipur in Hathauri P.S. Case No.100 of 2013, whereby the learned Jurisdictional Magistrate has taken cognizance for the offences punishable under Sections 498-A, 494 and 323 of the Indian Penal Code (for short ‘IPC’) as well as for quashing the order dated 19.03.2015 passed by learned Sessions Judge, Samastipur in Cr. Revision No.131 of 2015, whereby the learned Sessions Judge has rejected the revision petition filed by the petitioner.

3. The case of the prosecution is based upon the written report of the informant/opposite party no.2, namely, Anita Chaudhary stating therein that her marriage was solemnized in the year 1999 with Shaishav Chaudhary according to Hindu Rites and out of the said wedlock, one female child, namely, Risha Kumari was born and presently she is pregnant. The informant has further alleged that since marriage, she is being ill-treated. She further stated that 2-3 years ago, her husband had solemnized another marriage and is not providing maintenance to her as well as child. She further alleged that on 24.10.2013 at 6:00 A.M., while she was preparing tea, her husband came and threw tea and badly assaulted her due to which, the black spot has developed near her left eye and both the legs have got swollen because of the assault made from lathi.

4. With the aforesaid background of allegation, Hathauri P.S. Case No.100 of 2013 was lodged for the offences punishable under Sections 498-A, 494 and 323 of the IPC, where after investigation, charge-sheet was submitted against the petitioner for the aforesaid offences. The learned Trial Court on perusal of record and materials as collected during investigation, took cognizance vide impugned order dated 13.01.2015 for the offences punishable under Sections 498-A, 494 and 323 of the IPC against petitioner.

5. It is submitted by learned counsel that prior to lodging of the present case, the opposite party no.2 also lodged a case against petitioner/husband, which was lodged as Samastipur Town (M) P.S. Case No.23 of 2008 dated 18.01.2008 for the offences punishable under Sections 498- A, 323, 307 and 494 read with 34 of the IPC. It is pointed out that in aforesaid case, after trial, the petitioner/husband was acquitted through Sessions Trial No.325 of 2010 dated 06.05.2011 as passed by learned Additional Sessions Judge, F.T.C.-I, Samastipur. It is submitted that opposite party no.2 never lived together with petitioner/husband and for no reason, the present case was lodged by opposite party no.2 on 24.10.2013 and, as such, the allegation of opposite party no.2 to be pregnant of one month at the time of lodging of FIR is only to aggravate the allegation. It is submitted that by taking note of the conduct of opposite party no.2, the petitioner has filed divorce petition on 25.11.2013 before the Principal Judge, Family Court, Samastipur, where the petitioner succeeded to get divorce from opposite party no.2 through Divorce Case No.317 of 2013 dated 31.05.2019. It is submitted that the entire dispute now settled, as through same divorce case, the permanent alimony of Rs. 5 lakhs was directed by the learned Trial Court itself to opposite party/wife and her daughter. It is further submitted that in furtherance of the direction passed in aforesaid divorce case, the petitioner paid permanent alimony to opposite party no.2/wife. It is also pointed out by learned counsel that the conduct of opposite party no.2 as to harass petitioner can be easily gathered because third case, almost with same allegation was again filed in the year 2015, which was registered as Hathauri P.S. Case No. 98 of 2015 after one year of filing of divorce petition, quashing of which is the subject matter of Cr. Misc. No.49450 of 2017.

6. While co