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the opposite party no.2- the complainant had filed a Civil Misc. Case No. 9 of 2008 in the court of Principal Judge, Family Court, Dhanbad under Section 292 of the Mohamdan Law for recovery of Dower of Rs. 39,000/- on the ground that her husband has already given her Talaque and the court after issuance of notice to the present petitioner no.1 directed to pay the Dower amount of Rs. 39,000/- and also directed to return all the articles as per the list given by the complainant. Accordingly, Rs. 39,000/- was handed over to the complainant and an endorsement was made by the complainant on the order-sheet of the said case, which is enclosed as Annexure-3 with this Criminal Miscellaneous Petition. The articles were also returned to the complainant of this case and the list of those articles with the signature of the complainant is enclosed as Annexure-4 with this Criminal Miscellaneous Petition.

7. Apparently, after accepting the Dower amount and getting back all the utensils as demanded by the complainant, the present complaint case was filed with the allegation of period prior to filing of the petition under Section 292 of Mohamdan Law before the Principal Judge, Family Court, Dhanbad. It is not that the petitioner no.1, husband of the complainant, had filed a petition before a competent court for divorce, rather it was the complainant, who had filed the petition for recovery of the Dower amount and utensils, which were given to the petitioner no.1 during marriage. In a case of Arjun Ram Vs. State of Jharkhand and another reported in 2004 CRI. L. J. 2989 while considering the similar situation, the court held that when a case was filed by husband for divorce then a complaint was filed and the court held that it is a motivated one. The Hon'ble Supreme Court in a judgment reported in AIR 1992 SC 604 held that the case filed by way of revenge should be quashed as the same amounts to abuse of the process of the court. In almost a similar situation, the Hon'ble Supreme Court while considering the issue in the case M. Saravana Porselvi Vs. A.R. Chandrashekar @ Parthiban & Others; 2008 (3) East Cr. C 320 (SC) held that if it is a case of customary divorce, the question in regard to existence of good custom may have to be gone into in a civil proceeding. But Criminal prosecution shall not lie. It was initiated malafide. Thus, if it is allowed to continue, the same shall be an abuse of the process of Court.

9. I find from the materials available on record that this complaint case has been filed with vengeance against the petitioners after recovery of the Dower amount and articles through a competent court.

10. In that view of the matter, this Criminal Miscellaneous Petition is allowed. The order 02.02.2009 by which cognizance of offence has been taken and the entire criminal proceeding in connection with C. P. Case No. 1397 of 2008 are, hereby, quashed.