IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44905 of 2007 1. Md.Nasim @ Nasim Ahmad son of late Md. Hashim 2. Md. Shamim Hashmi son of Late Md. Hashim 3. Md. Qaiyum son of Late Md. Hashim 4. Md. Wasim son of Late Md. Hashim 5. Md. Kalim @ Md. Kalim Hashmi son of Late Md. Hashim All resident of Mohalla- Sadpura, Muzaffarpur, Police Station Quazi Mohammadpur, District- Muzaffarpur. 6. Munni Begum @ Shahzadi Begum wife of Md. Nizamuddin, resident of Mohalla Chak Saleh, Lalganj, P. S. Lalganj, District- Vaishali. 7. Shaheen @ Shaheen Praveen wife of Manauwar Hussain resident of Mohalla Ballia Pokharia, P. S. Ballia, District- Begusarai. 8. Nizamuddin son of late Md. Rahmatullah resident of Mohalla Chak Saleh, Lalganj, P. S. Lalganj, District- Vaishali. .. Petitioners. Versus 1. State Of Bihar 2. Shahjadi Beguam wife of Md. Wasim at present resident of Mohalla- Kishunbag Mohamad Nagar P. S. Sadar P. O. – Betiah, District- West Champaran. … opposite parties. ----------- 4. 26.03.2010 Heard counsel for the petitioners and counsel for opposite party no. 2. The order taking cognizance under Section 498(A) and 406 of the Indian Penal Code cannot be faulted with only because the petitioner, husband intends to restore his relationship with his wife, opposite party no. 2. The cognizance has to be taken only on the basis of materials including the allegations available in the complaint petition and statements of witnesses in the enquiry u/s 202 Cr.P.C. and if the court below had found 2 such materials, the resultant impugned order taking cognizance cannot be held to be bad. It is, however, open for the petitioner, husband to offer amicable terms of settlement of matrimonial dispute with his wife and in the event wife, opposite party no. 2 would agree to accept those conditions, the court below on presentation of a joint compromise petition would proceed to pass an appropriate order for compounding of the offence in accordance with law before proceeding to commence and conclude the trial. With the aforementioned observations and directions, this application is disposed of. kanchan (Mihir Kumar Jha, J.)