IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9057 of 2008 1. DILIP MANJHI @ DILIP KUMAR MANJHI, SON OF HIRA LAL MANJHI 2. HIRA LAL MANJHI, SON OF LATE TRIBENI MANJHI 3. MUNNI DEVI @ LALMUNI DEVI, WIFE OF HIRA LAL MANJHI 4. CHHATHIYA DEVI, WIFE OF BALESHWAR MANJHI ALL RESIDENTS OF VILLAGE POJHI BUJURG, P.S. MARHAWRRAH, DISTRICT SARAN. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SUGGA DEVI, WIFE OF DILIP MANJHI @ DILIP KUMAR MANJHI, DAUGHTER OF RAM JAPAN MANJHI, RESIDENT OF VILLAGE PITHAGHAT, P.S. :- GARKHA, DISTRICT SARAN ---- OPPOSITE PARTIES ----------- 2 24.2.2010 This application has been filed for quashing the order of cognizance dated 7.1.2008 and entire proceeding arising there from, passed by Sub-divisional Judicial Magistrate, Chapra in Complaint Case No. 2340 of 2007 (Trial No. 3489 of 2008) under Section 498A of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner no. 1 had filed a case for Restitution of Conjugal Rights. A case has also been instituted in which it has been alleged that family members of the victim lady (petitioner no. 1’s wife) had assaulted petitioner no. 1 and his family members. This case has been instituted after the institution of two aforesaid cases. It is further submitted that the wife was in the habit of leaving the matrimonial home and it has been alleged that she was interested in marrying somebody else. Counsel for the petitioners further submits that he is ready to live with his wife and maintained her with dignity. I find that an application has already been made for Restitution of Conjugal Rights. There would be ample opportunity for the petitioners and the opposite party no. 2 to solve their differences in 2 the restitution proceedings. Any legal aspects that have been raised in this case can be raised and decided at the stage of discharge. This application is, thus, disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)