IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9765 of 2007 MANISH KUMAR PANDEY @ MANISH PANDEY & ANR Versus STATE OF BIHAR ----------- 5 17.7.2008 This application has been filed for quashing the order, dated 29.6.2006 passed in Complaint Case No. 1359/2005 by the Sub Divisional Judicial Magistrate, Sasaram by which cognizance has been taken against the petitioners for the offence under section 498A of the Penal Code. In this case notices were issued to the opp. Party and perhaps some body had appeared. However, for the past three consecutive dates no one appears to oppose this application. A complaint case was filed by Smt. Rani Pandey, opp. Party no.2 alleging therein that she was being tortured by her husband for dowry. Subsequently it appears that opp. Party no.2 and this petitioner no. 1 filed an application under section 13 (3) of the Hindu Marriage Act for consent decree of divorce. Not only that, the opp. Party no.2 also filed an application before the Sub Divisional Judicial Magistrate, Rohtas in the proceeding under section 498A of the Penal Code that she does not want to proceed with the case. In the facts aforesaid I find that a petition has been filed for divorce by consent and opp. Party no.2 does not want to pursue the criminal case which is pending in the court of the Sub Divisional Judicial Magistrate, Rohtas for trial. In the circumstances it would be waste of court’s time if this case is allowed to continue. Accordingly, the order, dated 29.6.2006 passed by the 2 Sub Divisional Judicial Magistrate, Rohtas in Complaint Case No. 1359/2005 is hereby quashed. In the result, this application is allowed. haque (Sheema Ali Khan, J.)