IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49730 of 2007 SHUSHIL KUMAR SINGH Versus THE STATE OF BIHAR & ANR ----------- 03 28.02.2009 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for opposite party no.2. The petitioner seeks quashing of the order dated 27.8.2007 passed by the Additional Sessions Judge, F.T.C.-III, Bhojpur at Arra, in Cr. Rev. Case No. 90 of 2006 by which cognizance, taken under Sections 323, 504/34 of the Indian Penal Code has been set aside and the Magistrate has been directed to proceed in accordance with law. Learned counsel for the petitioner submits that after the Revisional Court, had virtually directed taking of cognizance under Section 498A, 323, 504 of the Indian Penal Code and ¾ of the Dowry Prohibition Act. The present application was, therefore, not pre-mature. He next submits that the petitioner had, prior to the institution of the Complaint Case No. 1272(C) of 2005 by opposite party no.2, filed an Informatory Petition, before the Police, apprehending false implication, and that he had also filed a Divorce Case No. 48 of 2008 2 whereafter the Complaint Case has been filed on 19.8.2007. The submission, therefore, is that the allegations in the complaint are only to wreck vengeance for the institution of the divorce case. At this initial stage of the trial, when the prosecution is sought to be quashed at its very inception, this Court is not satisfied that the mere institution of a divorce case shall suffice to hold that the institution of the complaint case was an abuse of the process of law. A criminal proceeding arising out of a matrimonial dispute and a divorce case are separate matters like a parallel railway track arising on common facts and can co-exist together. This Court is not persuaded to quash the prosecution at this initial stage. The court below shall proceed afresh in accordance with law uninfluenced by any observations of the Revisional Court of the provisions of the Penal Code that may be applicable. The application is rejected. P.K. (Navin Sinha, J.)