IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53157 of 2008 NITYAM KUMAR S/O LATE DINA NATH JAISWAL, R/O MAUSAM COLONY, KHAJPURA, P.S. SHASTRI NAGAR, PATNA PRESENTLY POSTED AS ASSISTANT GENERAL MANAGER, IDBI LTD., GWALIOR, RESIDING AT FLAT NO. 623, SILVER ESTATE, UNIVERSITY ROAD, P.S. UNIVERSITY GWALIOR, THATIPUR, GWALIOR, DIST- MADHYA PRADESH ………….Petitioner Versus 1. THE STATE OF BIHAR 2. NISHA JAISWAL, W/O NITYAM KUMAR D/O HARI SHANKAR PRASAD JAISWAL, R/O KOTWALI CHAUK, P.S. BETIYA NAGAR, DIST- WEST CHAMPARAN, PRESENTLY POSTED AS AGRICULTURE EXTENSION OFFICER, VIJAYA BANK, NARAYAN COMPLEX, ROHTAK, HARYANA …………..Opposite Parties ----------- 4. 12.05.2011 Heard the parties. The petitioner has sought quashing of the order dated 3.5.2010 passed by Chief Judicial Magistrate, Bettiah by which he has taken cognizance of Bettiah (T) P.S. Case No. 238/2008 instituted under Section 498A, 323 and 406 of the Indian Penal Code. It has been submitted on behalf of the petitioner that now the matter has been settled between the parties in support of which a deed of settlement has been filed before this court. Learned counsel for the opposite party no.2 also admits that now the matter has been settled and he has no objection to setting aside of the order of cognizance. 2 In view of such, the application is allowed and the entire proceeding of the order dated 3.5.2010 passed by Chief Judicial Magistrate, Bettiah, in Bettiah (T) P.S. Case No. 238/2008 is hereby quashed. Fahad. ( Anjana Prakash, J.)