IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50962 of 2007 1. ASHOK MANDAL 2. DILIP MANDAL, BOTH SON OF DHANESHWAR MANDAL 3. KUSHAMA DEVI, W/O DHANESHWAR MANDAL 4. DHANESHWAR MANDAL SON OF KARI MANDAL 5. JAGMAYA DEVI WIFE OF DILIP MANDAL ALL RESIDENT OF DWALAKH, P.S. BHAJA (MADHAPUR), DISTRICT- MADHUBANI. --PETITIONERS Versus 1. THE STATE OF BIHAR 2. SUNITA DEVI, DAUGHTER OF SHIBAN MANDAL, RESIDENT OF VILLAGE-DWALAKH, P.S.BHAJA, DISTRICT-MADHUBANI. --OPPOSITE PARTIES 3 26.03.2010 Heard learned counsel for the petitioners and the State. None appeared on behalf of opposite party no.2. This application has been filed seeking quashing of order dated 11th July, 2007 passed by learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, taking cognizance in C.R. no.98 of 2007 corresponding to T.R. no. 2174 of 2007 for the offences under Sections 379 and 498A of the Indian Penal Code. Complainant-opposite party is none else than wife of petitioner no.1 here. Matrimonial relationship has been admitted. It is submitted by learned counsel for the 2 petitioners that allegations are vague and no case under Section 379 of the Indian Penal Code is made out. Further, the complainant-opposite party has refused to reside with him. Learned counsel appearing for the State has supported the argument. Since the matrimonial relationship is undisputed, I do not find any reason to interfere with the order taking cognizance. Hence, this application stands dismissed with liberty to the petitioners to agitate the points before the court below at appropriate stage. (Akhilesh Chandra, J.) AAhmad