CRIMINAL MISCELLANIOUS No.32494 OF 2004 (In the matter of an application under Section 482 of the Code of Criminal Procedure.) 1. VIVEK DIDWANIA , SON OF GOPI KISHAN DIDWANIA 2. GOPI KISHAN DIDWANIA, SON OF LATE NANDLAL DIDWANIA 3. GAYATRI DIDWANIA @ GAYATRI AGARWAL, WIFE OF GOPI KISHAN DIDWANIA. 4. GOVIND DIDWANIA, SON OF GOPI KISHAN DIDWANIA 5. SHIVANI DIDWANIA, DAUGHTER OF GOPI KISHAN DIDWANIA. ALL ARE RESIDENTS OF FE-261, SECTOR III, SALT LAKE, KOLKATA – 700 106, WEST BENGAL ------- PETITIONERS. Versus 1. STATE OF BIHAR 2. ANAMIKA DEVI, DAUGHTEROF SHYAM SUNDAR NATHANI OF KALIBARI ROAD, P.S. MITHANPURA, DISTT. MUZAFFARPUR (BIHAR) ------OPPOSITE PARTIES. --------- For the petitioners : Mr. Chitranjan Sinha, Sr. Advocate. Mr. Anirban Kundu, Advocate. For the State : Mr. Anuj Kumar Shrivastava, A.P.P. For the Opposite Party No. 2 : None ---------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The petitioners seek quashing of the entire proceeding including the order dated 25.5.2004 by which cognizance under Sections 498A, 406, 323, 342, 504 and Sections ¾ of Dowry Prohibition Act has been taken in Complaint Case No. 3028 of 2003(Trial No. 2047 of 2004) by S.D.J.M., (East) Muzaffarpur. On 21.3.2005, the Opposite Party No. 2 had entered appearance in the present case and, thereafter, on 20.9.2005, 2 the application was admitted for hearing on grounds of jurisdictional error. The Complaint arises out of a matrimonial dispute between the petitioners and the opposite party no. 2 which led to filing of three cases, one was the present Complaint whereas the second was matrimonial suit No. 188 of 2007 filed by the petitioner No. 1 and the third was Maintenance Case No. 70 of 2007 filed in the Family Court, Muzaffarpur, It has been submitted by the counsel for the petitioner that the parties have now compromised and, therefore, a joint compromise petition had been filed in the court below on 9.4.2009. For this reason, the continuance of the present complaint is nothing but an abuse of the process of the court. Accordingly, this application is allowed and the entire proceeding including the order dated 25.5.2004 passed by Sub Divisional Judicial Magistrate (East) Muzaffarpur, in Complaint Case No. 3028 of 2003 (Trial No. 2047 of 2004) is hereby quashed. Patna High Court, Patna Dated, the 23rd July, 2010 NAFR/S.ALI ( Anjana Prakash, J.)