IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.652 OF 2009 1. KUNAL NAND @ PRASHANT, SON OF SRI RAJENDRA ANAND SHARMA 2. RAJENDRA ANAND SHARMA @ RAJENDRA ANAND, SON OF LATE JAGAT NARAIN SHARMA 3. HIRAMATI DEVI, WIFE OF SHRI RAJENDRA ANAND SHARMA 4. GANDHARBH ANAND @ BUNTI, SON OF SHRI RAJENDRA ANAND SHARMA 5. KARTIK ANAND SHARMA @ KARTIK ANAND, @ RAJ, SON OF SHRI RAJENDRA ANAND SHARMA 6. KIRAN DEVI, WIFE OF SHRI KARTIK ANAND SHARMA ALL RESIDENT OF SHARDANAND BAZAR, POLICE STATION SIWAN TOWN, DISTRICT SIWAN 7. SWETA DEVI, WIFE OF RAJESH SHARMA, DAUGHTER OF RAJENDRA ANAND SHARMA 8. RAJESH SHARMA, SON OF KRISHNA SHARMA 7 AND 8 ARE RESIDENT OF JALWAYU VIHAR GURGAON, POLICE STATION AND DISTRICT GURGAON (HARYANA) ……………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SMT. REKHA KUMARI, WIFE OF SRI KUNAL ANAND, DAUGHTER OF RAM JANAM SHARMA, RESIDENT OF SHARDANAND BAZAR, POLICE STATION SIWAN TOWN, DISTRICT SIWAN. AT PRESENT, RESIDING AT MOHALLA NIRALA NAGAR, GAUSHALA ROAD, POLICE STATION MITHANPURA, DISTRICT MUZAFFARPUR ……………………………………………………………………..OPPOSITE PARTIES ******* 6 01/09/2010 The petitioner no. 1 (husband) and the Opposite Party No. 2 (wife) are living together and they have no complaints against each other. Thus, a joint application has been filed being I.A. No. 1210 of 2001 bringing this fact to the notice of this Court. I, accordingly, direct the Court below to call the parties personally and after being satisfied that they are living happily together, pass an order in terms of the cases reported in 2003 (4) SCC 675 and 2005 (4) BLJR 2 721. Obviously, if the couples are living together and have no complaints with each other, it cannot be said that any offence is made out under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. In such a case, to continue with the criminal proceedings will only be a perversity of law. In such circumstances, the Court will take into account the observations of this Court and the orders passed by the Supreme Court referred to above and record the findings that no offence is made out under Section 498 A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act if the couple is living together happily. The petitioner no. 1 and the Opposite Party No. 2 would be at liberty to file an application along with a copy of this order before the Court in seisin of the criminal proceedings. It goes without saying that since the couples are living together, no coercive action should be taken against the petitioner no. 1 and his family members. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )