ORDER Hari Shankar Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed for setting aside the order dated 9.11.2000 passed in PCR Case No. 470/2000, T.R. No. 601 /2000, whereby the learned Magistrate has come to a finding that prima facie case under Sections 498A and 323, IPC is made out. 2. Facts giving rise to the filing of this application are that the opposite party No. 2 (hereinafter referred to as "complainant") filed a complaint case bearing PCR Case No. 470/2000 before the learned CJM, Godda stating therein that she was legally married wife of Dr. Nand Kishore Thakur, who is accused No. 1 in the complaint case, and the marriage was solemnized on 12.3.1972 and after marriage she went to Sasural, where she lived happily with her husband and out of wedlock a son was born on 15.8.1978. The complainant came to know that her husband has illicit relationship with petitioner-accused, who was working as a nurse and he has got illegitimate child from this accused also, as a result of which her husband commits acts of torture on her and his torture is still continuing, Due to presence of this petitioner in the house, her husband does not want to keep her in his house and this led to filing of a misc. case by her on 19.3.1990 bearing Case No, 17/1990 and in that very case husband appeared and there was a compromise in between both the parties and case Misc. Case No. 17/1990 was disposed of on 11.12.1990, in which accused No. 1 accepted the complainant as his wife, It was also decided that Dr. Nand Kishore Thakur (accused No. 1) will maintain the complainant as his wife but still Dr, Nand Kishore Thakur does not keep her in his house and on the other hand both the accused including the petitioner commit acts of torture against her, Further case of the prosecution is that in course of studies of Dr. Nand Kishore Thakur as medical student her father and even she herself helped Dr. Nand Kishore Thakur. The complainant had filed a petition before S.P. Godda on 19.7.2000 in which she apprehended that both of them have entered into a conspiracy and might kill her (complainant). Nand Kishore Thakur as medical student her father and even she herself helped Dr. Nand Kishore Thakur. The complainant had filed a petition before S.P. Godda on 19.7.2000 in which she apprehended that both of them have entered into a conspiracy and might kill her (complainant). The learned Court below held an inquiry under Section 202, IPC and took cognizance under Sections 498A and 323, IPC against both the accused persons. 3. Learned Counsel appearing for the petitioner submitted that from a reading of complaint petition, it will appear that there is no allegation against this petitioner and whatever allegation is there that is against Dr. Nand Kishore Thakur, who is no more in this world. The another point is that in fact this petitioner is legally married wife of Nand Kishore Thakur and her name even finds place in the voters list prepared in the year 198C and 1993 as Ram Dulari Thakur and this complainant is a divorcee of Dr. Nand Kishore Thakur (Annexure 2). Even in the ration card the name of the complainant does not find place (Annexure 4). 4. On the other hand, learned Counsel appearing for the opposite party No. 2 (complainant), submitted that a case under Sections 498A and 323, IPC is made out against the petitioner, as she claims herself to be the wife of Dr. Nand Kishore Thakur and further that she is not the legally wedded wife of Dr. Nand Kishore Thakur. 5. On perusal of complaint petition, it appears that complainant-opposite party No. 2 has nowhere alleged that the petitioner is legally married wife of Dr. Nand Kishore Thakur (accused No. 1) but has only made out a case that her husband has illicit relationship with the petitioner. The offence under Section 498A has been defined as under: "498A. Husband or relative of husband of a woman subjecting her to cruelty --Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine." 6. From a careful reading of the section, it will appear that husband or relative of husband of a woman, who subjects to cruelty, will be held responsible for committing offence under Section 498A. From a careful reading of the section, it will appear that husband or relative of husband of a woman, who subjects to cruelty, will be held responsible for committing offence under Section 498A. Here the complainant has made out a case that petitioner is nowhere related to her nor to her husband and her husband has got only illicit relationship with this petitioner and, therefore, she is not the relative of her husband, although the petitioner has claimed herself to be the legally wedded wife and referred to the materials in support of her contention that her name finds place in the voters list of the year 1988 and 1993 and also in the ration card issued to Dr. Nand Kishore Thakur, for which complainant also claims herself to be the legally married wife of Dr. Nand Kishore Thakur, Who Is legally married wife of Dr. Nand Kishore Thakur cannot be decided in this case under Section 498A and for that both of them or any of two will have to move the Civil Court of competent jurisdiction for deciding this issue, but so far as complaint case is concerned, this complaint case has been filed against this petitioner in the capacity of not a wife of the accused No. 1 Dr. Nand Kishore Thakur but only ground is that her husband has got illicit relationship with this petitioner. Further, on the other hand, from perusal of complaint case, it appears that there is no allegation of assault by this petitioner and this case, so far as this petition is concerned, has been filed against her with mala fide intention. 7. In that view of the matter, this application is allowed and impugned order taking cognizance dated 9.11.2000 is quashed.