IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10013 of 2010 1. SANTOSH KUMAR, SON OF RAMDHANI PD. RESIDENT OF VILLAGE MAMTAKUNJ CHAINTOLA, SAIDPUR NAGAR, P.S. SULTANGANJ, DISTT. PATNA. 2. SHRICHANDRA PRASAD, SON OF LATE GOBIND PRASAD, RESIDENT OF VILLAGE – SOHSARAI (BIHARSHARIF), P.S. SOHSARAI, DISTT. NALANDA. ------- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. KAMAL RAJ, SON OF LATE ANIL KR. SHAHU RESIDENT OF TWON FFOTWAL BHAWAN, PACHAKAURI SHAH LANE, WEST LOHANIPUR, P.S. KADAM KUAN, DISTT. PATNA IN THE RENTED HOUSE OF C. PRASAD. ------- OPPOSITE PARTIES. ----------- 2. 03.12.2010 No one appears on behalf of the petitioners. The petitioners have sought quashing of the entire proceeding including the order dated 12.8.2009 passed by Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 1538(C) of 2009 in which cognizance was taken under Sections 323 and 506 of the Indian Penal Code. The background of the case is that the Complainant was married to the accused Prity Kumari but some dispute arose between them on account of which his wife committed theft of some articles and the Complainant was also assaulted in the process. Considering the nature of allegations and the absurdity of the same, I am inclined to allow the application. In view of such, the entire proceeding of Complaint Case No. 1538 (C) of 2009 including the order dated 12.8.2009 pending before the Judicial Magistrate, 1st Class, Patna, is 2 hereby set aside. The application stands allowed. S.Ali ( Anjana Prakash, J.)