IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53381 of 2007 MD. AZAD @ MINTU MIAN SON OF LATE RAFO MISTRI, RESIDENT OF VILLAGE LODIPUR, P.S. KHUSHRUPUR, DISTRICT PATNA ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. KHURSHEEDA KHATOON WIFE OF LATE KAUT, RESIDENT OF VILLAGE MANSURPUR, P.S. KHUSHRUPUR, DISTRICT PATNA …… OPPOSITE PARTIES. ----------- 5. 23.4.2010 The petitioner seeks quashing of the order dated 8.3.2007 passed by S.D.J.M., Patna City in Khushrupur P.S.case No.5 of 2007, by which he has taken cognizance u/s.498A of the I.P.C. and Sections ¾ of the Dowry Prohibition Act. The opposite party no.2 was noticed by an order dated 11.2.2009, but despite service of notice she has chosen not to appear before this Court. The background of the case is that the petitioner was married to the daughter of opposite party no.2 in the year 2003 and thereafter on account of some marital discord she left the marital home on 12.8.2004 and instituted a complaint on 30.11.2004. On the basis of complaint case No.2921C of 2004, cognizance was taken for the offence u/s.498A of the I.P.C. Thereafter on 5.2.2007 the mother of the opposite party no.2 filed the present first information report once again alleging that her daughter had been tortured for ends of dowry, upon which cognizance was taken u/s.498A of the I.P.C. - 2 - The contention of the petitioner is that for the same cause of action, two cases have been instituted against the petitioner and it clearly appears to be an abuse of process of law. In view of the above contention, this court is of the view that the further proceeding in the court below is an abuse of the process of the court and is fit to be set aside. In the result, this application is allowed and the order dated 8.3.2007 passed by S.D.J.M., Patna City in Khushrupur P.S.case No.5 of 2007 is quashed. Narendra/ ( Anjana Prakash, J. )