IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2904 of 2008 1. ARFINA KHATOON @ AFRINA KHATOON w/o MD. KADIR KHAN & 2. MD. SHAHZAD KHAN Versus 1. THE STATE OF BIHAR & 2. MD. KADIR KHAN ----------- 7 30.04.2010. Heard the petitioners and the State, no one appears for Opp. party no. 2. Petitioners pray for quashing order taking cognizance dated 18.1.2007, passed by the Judicial Magistrate, 1st class, Gaya in Complaint case no. 1545 of 2006, dated 18.11.2006, for offence under section 323 I.P.C. against the petitioners. Petitioner no.1 is wife of Opp. party no. 2, whereas petitioner no.2 is father-in-law. Opp. party no. 2, husband of petitioner no.1 is the complainant. Learned counsel for the petitioners submits that seven years back, opposite party no. 2 married one Shabnam Khatoon in Orissa where he run a Garage. A year thereafter again married petitioner no.1. Opposite party no.2 filed Complaint case no. 1545 of 2006 against petitioners alleging that though he was willing to keep his wife (petitioner no.1) at his house, petitioner no.2 did not allow her to live with him and both assaulted him. Pursuant to order dated 2.2.2009, opposite party no.2 has filed affidavit stating that he is still willing to keep petitioner no.1. In that view of the matter, this Court finds that no useful purpose would be served in prosecuting the petitioners. As such, - 2 - order taking cognizance dated 18.1.2007 for offence u/s 323 I.P.C., passed in aforesaid Complaint case no. 1545 of 2006, pending before Judicial Magistrate, 1st class, Gaya is quashed. The instant petition stands allowed. Shashi. (Samarendra Pratap Singh, J.)