IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.279 of 2010 VINAY NAGMANI @ BINAY NAGMANI . Versus SMT. ARCHANA KUMARI @ BUTTU . ----------- 4. 02.08.2010 Heard learned Counsel for the appellant and the learned Counsel for the respondent. An application has been filed supported by two individual affidavits sworn by both of them. It states that they have reconciled their differences and have decided to restore matrimonial harmony and live as man and wife along with the children born from the wedlock. The appellant had preferred this appeal aggrieved by dismissal of his application for divorce. In view of the subsequent developments the present appeal has become infructuous. The respondent is started to have filed Kadamkuan (Kankarbagh) P.S. Case No. 65 of 2007 corresponding to G.R. No. 339 of 2009 under Section 498A IPC and under Sections 3 / 4 of the Dowry Prohibition Act stated to be pending before the Judicial Magistrate, lst Class at Patna. Counsel for the respondent submits that the respondent is not interested in pursuing the criminal case and as desired by the appellant has no objection if the criminal prosecution is quashed in the present proceeding itself. The respondent who is present in person on query made by the Court affirms the submissions made by her Counsel. Keeping in mind that the criminal prosecution between the present parties cannot practically be classified as one which affects public order or the interest of the society at large but is confined to the issue of two human lives and the children born from that marriage, this Court is satisfied that to permit the criminal prosecution to continue shall only disturb the matrimonial harmony stated to have been restored by a judicial order. The duty of the Courts is to restore broken houses and not to break the restored houses. This Court therefore quashes the entire proceedings in Kadamkuan (Kankarbagh) P.S. Case No. 65 of 2007 corresponding to G.R. No. 339 of 2009 under Section 498A IPC and under Sections 3 / 4 of the Dowry Prohibition Act pending before the Judicial Magistrate, lst Class at Patna. The present appeal is disposed off as infructuous. (Navin Sinha,J.) (Jyoti Saran,J.) Snkumar/-