IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 6120 of 2008 1. RADHE PRASAD S/o Jageshwar Mahto 2. Shobha Devi W/o Raj Prasad 3. Biranjana Devi W/o Jageshwar Mahto All resident of village Kopin, P.S. Sitamadhi, District- Nawada. . . . . Petitioners. Versus THE STATE OF BIHAR & ANR with Cr. Misc. No. 39438 of 2009 PRAMOD KUMAR Son of Jageshwar Mahto, Resident of village Kopin, P.S. Sitamarhi, District- Nawada. . Petitioner. Versus THE STATE OF BIHAR & ANR ----------- 10/ 11.05.2010 Heard learned counsel for the petitioners and the State as well as complainant. The instant quashing application has been filed for quashing the First Information Report of Narhat P.S. Case no. 80 of 2007 under Section 498 (A) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the complainant has already filed a complaint case bearing Complaint case no. 04 of 2005 in the court of Chief Judicial Magistrate, Gaya under Section 498 (A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Learned counsel further submits that it would appear from the First Information Report that compromise has also arrived at between the parties in the aforesaid complaint case. However, the informant Babita Devi again alleged that accused/petitioners tortured her for demand of dowry. He further submits that successive case under Section 498 A of the Indian Penal Code would also not be maintainable in the eyes of law. - 2 - Counsel for opposite party no.2, Babita Devi, submits that earlier she had filed a Complaint case in the year, 2005 under Section 498 (A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, and due to intervention of well wishers, a compromise has arrived at between the parties. However after entering into compromise, the accused persons again began to torture her for demand of dowry and as such the instant First Information Report has been lodged in the year, 2007. Heard the counsel for the parties. It would appear from the materials on record that investigation of the instant case being Narhat P.S. case no. 80 of 2007 is still pending at the stage of investigation, as such, I am not inclined to quash the First Information Report of the aforesaid case. However, it will be open to the parties to make representations regarding their respective cases before the Investigating officer, if so advised. With the aforesaid observation, these applications are disposed of. Uday/ (Samarendra Pratap Singh, J.)