IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44463 of 2009 1. RADHEYSHYAM PANDEY 2. Shyamsundar Pandey Both sons of Late Ramjanam Pandey 3. Krishnawati Devi W/o Late Radhey Shyam Pandey 4. Shashikant Pandey 5. Ravi Kant Pandey. Both sons of Radheyshyam Pandey All resident of village-Janardanpur, P.S.-Durgawati, District-Kaimur (Bhabhua) ----------Petitioners Versus 1. THE STATE OF BIHAR 2. Nirmal Kunwar W/o Late Shyam Narayan Pandey Resident of Village- Janardanpur, P.S. Durgawati, Distt-Kaimur (Bhabua) ---------------Opposite Parties. ----------- 2. 15.03.2011 Heard learned counsel for the petitioners and the State. The petitioners have challenged the order dated 7.3.2008 and 4.7.2009 passed by the learned Chief Judicial Magistrate, Kaimur at Bhabua in Durgawati P.S. Case No. 50 of 2003, whereby cognizance has been taken against the petitioner under Sections 498A, 420, 467, 468 and 120B of the Indian Penal Code. It is alleged that the petitioner was married 19 years prior to the lodging of the case. Subsequently her husband died. There is a land dispute for which title suit is going on. It is submitted that the compromise petitioner has been 2 filed in both the cases but no order has been passed. Prima facie it appears that for settling the civil dispute the case has been lodged. Let the Court below consider all the contention of the petitioners while deciding the discharge application after giving notice to the informant and pass appropriate order keeping in mind that the civil suit is still pending and for settling the civil dispute, the present case appears to have been filed. With the above observations and directions, this application is disposed off. Anand Kr. ( Dinesh Kumar Singh, J.)