IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57746 of 2007 1. MD.MUSLIM ANSARI @ MD.MUSLIM, S/O MANZAR ALAM 2. MANZER ALAM, S/O LATE DAROGI BOTH RESIDENTS OF VILLAGE KUTTI, P.S. ANGARH, DISTRICT PURNEA, PRESENTLY RESIDING AT MOTI BAG, KARBALLA, WARD NO. 5, P.S. & DISTRICT KISHANGANJ .. APPELLANTS Versus 1. THE STATE OF BIHAR 2. NAJRA KHATOON, W/O MD. MUSLIM, RESIDENT OF MOHALLA MOTI BAG, KARBALLA, P.S. & DISTRICT KISHANGANJ .. OPPOSITE PARTIES **** FOR THE PETITIONERS .. MR. RAJ KUMAR, ADV. FOR THE STATE .. MR. JHARKHANDI UPADHYAYA, A.P.P. FOR O.P. NO. 2 .. MR. PANKAJ KUMAR SINHA, ADV. **** /3/ 21.04.2010 Heard the counsel for the parties. 2. This is an application for quashing the entire first information report of Kishanganj P.S. Case No. 213 of 2007, dated 21.09.2007, for offence under Section 323 and 498A/34 of the Penal Code. There is allegation about the demand of Rs.10,000/- and subjecting to cruelty and subsequently even the demand raised to Rs.50,000/- for which a case was filed in the Court of Chief Judicial Magistrate bearing Complaint Case No. 2 986 C of 2004 and when cognizance taken, the case was compromised and on the basis of said compromise the bail was even granted, but, even after grant of bail, the accused persons again started subjecting to cruelty. The learned counsel for the petitioner, however, submits that on 20.07.2004 the order of the earlier complaint shows that she compromised on 20.06.2007 and they will live together and, hence, contends that she went on 20.07.2007. However, this is a question of fact whether she went earlier or not on 20.07.2007 and this fact is subject of investigation as a question of fact and this cannot be a ground for quashing the first information report at this stage. 3. Hence, I do not find any merit in this petition. This petition is dismissed. S.A. ( Gopal Prasad, J. )