IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33782 of 2008 1. Vivek Tiwari @ Viveka Tripathi @ Viveka Nand Tripathi, son of Jainath Tiwari, 2. Jainath Tiwary, son of Chandra Deo Tiwari, 3. Prabhawati Devi, wife of Jainath Tiwari, 4. Ram Nath Tiwari, son of Chandradeo Tiwari, all of village Ghoghia, PS Mashrak, District Saran – Petitioners. Vs 1) The State of Bihar, 2) Yogendra Tiwari, son of Jang Bahadur Tiwari, village Gopalpur Kothi, PS Basantpur, Dist. Siwan – Opp. Parties. 3 15.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the First Information Report of Mashrakh PS Case No. 209/2004 instituted for the offences under sections 304B/201 of the Penal Code and sections ¾ of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the complaint case was instituted under sections 304B/201 of the Penal Code and sections3/4 of the Dowry Prohibition Act. After the institution of the case a petition was filed on behalf of the complainant making a prayer that he has no grievance against the accused persons and that the case which has been sent for institution of the First Information Report should not be instituted. On the basis of the aforesaid petition, the court passed an order, dated 15.7.2004 directing that the complaint petition should be returned to the court. It appears that this order was not communicated to the concerned person and the First Information Report was instituted on 27.9.04. After institution of the First 2 Information Report cognizance was taken by the court. At that stage also the court did not take into account the order, dated 15.7.2004. Once investigation in this case has been completed and charge sheet submitted and subsequently cognizance taken, it cannot be set aside on the ground that there was an application on behalf of the complainant that he does not want to proceed with the case. It should always be open to the complainant to lead evidence during the trial negating the allegations. In the circumstances this court cannot interfere in the matter and this application is dismissed. haque ( Sheema Ali Khan, J.)