IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49897 of 2007 1. SRI PARSHURAM PRASAD, son of Jamuna Prasad 2. Smt. Ramawati Devi, wife of Sri Parshuram Prasad 3. Raj Kumar Prasad, son of Sri Parshuram Prasad 4. Smt. Sarawati Prsad, wife of Sri Raj Kumar Prasad All resident of Mohalla Aloo Patti, P.S. Silliguri District Darjeeling, West Bengal 5. Raheshyam Gupta, son of Sri Asharfi Gupta 6. Smt. Gyanti Devi Gupta @ Gyanti Gupta, wife of Sri Radheshyam Gupta 7. Smt. Kiran Gupta 8. Savita Gupta 9. Khusboo Gupta All daughters of Sri Radheshyam Gupta, Petitioner 5 to 9 all residents of Jyotinagar, Champa Sari, P.S. Matigarha, P.S. Silliguri, District Darjeeling, West Bengal Versus 1. THE STATE OF BIHAR 2. Kavita Prasad (Jaiswal), wife of Sri Sunil Prasad, residing at Mohalla Aloo Patti, P.S. Silliguri, District Darjeeling, West Bengal ----------- 5. 29.3.2010 Heard Mr. Laxmi Narayan Das, learned counsel for the petitioners and the counsel for the State. Despite service of notice on O.P.No.2 and filing her appearance through a counsel no one has appeared today on her behalf when this case was taken up in its usual turn. Mr. Das at the out set would draw attention of this Court towards an order dated 24.9.2007 in Cr.Misc.No. 13331/2007, wherein the criminal prosecution in the same case has been quashed as against the co- accused the husband, Sunil Prasad, taking 2 note of the fact that both the aforesaid husband and wife, O.P.No.2, have since patched up their differences and are living peacefully at Darjleeing and as such the wife O.P.No.2 had taken a stand before this Court that she was no longer interested in contesting the prosecution against her husband Sunil Prasad. Mr. Das would submit that when the prosecution as against the main person, the husband, has already ended, the ends of justice would require that such prosecution should be also brought to an end as against the petitioners, who are family members of the husband of O.P.No.2. Mr. Das, learned counsel for the petitioners, in this regard has also assured this Court that these petitioners will now not become impediment or would cause obstruction in any manner in peaceful matrimonial life of the aforesaid husband Sunil Prasad and O.P.No.2. As there is no opposition to the aforementioned submissions of the learned counsel for the petitioners, this Court in the light of his assurance as recorded above and also by taking into consideration the 3 fact that the criminal prosecution against the main person, namely, the husband Sunil Prasad, has already been quashed, would pass similar order for quashing of the criminal prosecution against these petitioners, who are family members of the husband of O.P.No.2, namely, Sunil Prasad. In the result this application is allowed and the impugned First Information Report and consequential criminal proceedings arising out of Ghorasahan P.S.Case No. 157 of 2004, as far as the same relates to the petitioners, is accordingly quashed. (Mihir Kumar Jha,J.) Surendra/