IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3190 of 2010 1. SMT.PRATIBHA DUBEY, W/o Madan Mohan Dubey. 2. Madan Mohan Dubey, S/o Late Krishna Kumar Dubey. Both R/o 67, MIGH, Kankarbagh Colony, Kankarbagh, Town and District-Patna. Versus 1. THE STATE OF BIHAR. 2. Smt. Sudeshna Priyadarshini, Ex-wife of Anand Mohan and D/o Sri Anirudh Prasad Chaudhary, New Patliputra Colony, House No. A/3, Behind Country Club, International Near, Alpna Market, P.S.-Patliputra, Town and District-Patna. ----------- 07. 01.03.2011 The petitioners seek quashing of the order of cognizance dated 03.09.2007 passed by Chief Judicial Magistrate, Patna in Kadamkuan P.S. Case No. 832/05 (G.R. No. 4587/05) which is now pending before the SDJM, Patna. It has been submitted that after some matrimonial dispute arose between the petitioner and husband of the Opposite Party No. 2, who happens to be the son of the petitioners, the present case was instituted. Thereafter when the petitioners moved for anticipatory bail an effort was made to compromise the matter between them in pursuance to which Rs. 15,000,00/- (Fifteen Lakhs) was given to the Opposite Party No. 2. When a dispute arose for custody of the child who was born out of the wedlock the husband of the Opposite Party No. 2 was given the visitation rights in pursuance to an order passed by this Court. It has further been submitted that after these developments the Opposite Party No. 2 has no 2 interest in the matter since in the meanwhile divorce has already been effected between the Opposite Party No. 2 and her husband. Considering that despite receipt of notices she has not appeared to contest the case, the application is allowed and the entire proceeding with regard to Kadamkuan P.S. Case No. 832/05 (G.R. No. 4587/05) pending before the SDJM, Patna is, hereby, set aside. However, at any stage, the Opposite Party No. 2 raises a grievance that she had not been adequately noticed before the hearing of the present application she will be at liberty to file an application for reopening the present case. With these observations, the application is disposed of. Vikash/- (Anjana Prakash, J.)