IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46859 of 2006 ASH NARAYAN SINGH & ORS Versus STATE OF BIHAR & ANR ----------- 3. 13.5.2008. This application under Section 482 Cr.P.C. has been filed to quash the order dated 11.9.2006 passed by Sri B. M. Singh, Judicial Magistrate, Ist Class, Ara in Complaint Case No. 620(C)/06, Trial No. 2549 of 2006 thereby cognizance under Sections 323, 379/34 I.P.C. has been taken against these petitioners. Heard learned counsel for the petitioners as well as opposite party no. 2. It is submitted by learned counsel for the petitioners that complainant is the mother of son-in-law of petitioners no. 1 and 2. The daughter of petitioners no. 1 and 2 filed a case under Section 498(A) of the I.P.C. bearing Ara (Mufassil) P. S. Case No. 178 of 2002 (Annexure-2) against the complainant/opposite party no. 2 and her other family members. Thereafter, this false case has been filed against these petitioners including mother, father and other sympathizers of petitioners no. 1 and 2. It is further submitted that cognizance on the basis of such allegation is out and out misuse of the process of the Court. On the other hand, learned counsel for opposite party no. 2 conceded that now the daughter of petitioners no. 1 and 2 is living in her sasural and good relation has already been restored. Thus, having regard to the facts and circumstances of the case, it is quite clear that no purpose would be served to - 2 - prosecute these petitioners. Continuation of criminal proceedings will amount to misuse of the process of the Court. Accordingly, this application is allowed. The impugned order of cognizance dated 11.9.2006 passed by Sri B. M. Singh, Judicial Magistrate, Ist Class, Ara in Complaint Case No. 620(C)/06, Trial No. 2549 of 2006 including the entire criminal proceeding arising out of Complaint Case No. 620(C)/06 is, hereby, quashed. kanchan (Ghanshyam Prasad, J.)