IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44153 of 2007 1. Prithvi Raj Sinha, Late Raghunath Sinha. 2. Shyama Singh, Wife of Prithvi Raj Sinha. 3. Chandrakant Raj @ Chandrakant Sinha @ Munna, Son of Prithvi Raj Sinha. All resident of Village Naya Tola, Near Arya Samaj, Saguna More, Bailey Road, Police Station Danapur, District Patna. ------- Petitioners Versus 1. State of Bihar. 2. Nishant Kumar, S/o Brish Prasad Yadav, R/o Mohalla Saidpur, P.S. Khagaul, Dist. Patna. ----- Opp. Parties ----------- 4 19.03.2010 Heard learned counsel for the petitioners and counsel for the State. The impugned order taking cognizance for offence u/s 406 and 420 I.P.C. and Section 3 and 4 Dowry Prohibition Act is sought to be assailed by the three petitioners stating inter-alia that the whole dispute giving rise to alleged offence is out and out a matrimonial matter in which the marriage could not be solemnized. In the opinion of this Court from reading of the F.I.R. this much becomes clear that such negotiation for marriage had proceeded to an advanced stage and the marriage could not be performed because nonfulfilment of demand of dowry. Thus, it will be difficult for this Court to quash the 2 order taking cognizance only on the defence plea of the petitioners that no amount was ever advanced to them for such marriage specially when the court below at the time of passing the impugned order has gone into the relevant materials on record specially those in paragraph nos. 1, 3, 18, 19, 25, 26, 30, 37 & 52 of the case diary. Counsel for the petitioners, however, at this stage submits that the petitioners are prepared for settlement and are ready to refund the amount, which was advanced to them. If that be so, the court below will consider this aspect of the matter and in the event the complainant is satisfied with the refund of the amount and a written apology by all the accused persons in the name of the opposite party no. 2, it would also close the prosecution after getting the amount which was paid by the informant to the petitioners. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)