Heard the parties.

The instant application has been filed under Section 482 Cr.P.C. by the petitioners prayed for quashing the entire criminal proceedings pending against them in the Court of Smt. Sangeeta Srivastava, Judicial Magistrate, Ranchi vide Complaint Case No. 43 of 2003 and also the order dated 24.3.2003 passed by the trial court whereby summons were issued against the petitioners directing them to appear and face trial for the offences under Sections 323 and 379 I.P.C. in respect of the cognizance was earlier taken.

2. The background circumstances relating to the case is that a complaint was filed by the opposite party no. 2, Zohra Khatoon against the present petitioners before the learned Chief Judicial Magistrate, Ranchi which was registered as Complaint Case No. 43 of 2003 alleging, inter alia, that the complainant's marriage with accused no.1, Jamil Akhtar was solemnized according to Muslim Law on 5.5.1992. In course of their co-habitation two children were born to the complainant. It is alleged that in course of time the husband, namely, Jamil Akhtar (petitioner no.1), who was employed as a clerk at CIP Kanke Ranchi, had developed extra marital relation with the