IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32163 of 2007 1. RAMASHIS PRASAD KUSHAWAHA & 2. Rajendra Prasad Kushawaha Both are the sons of Raghunath Mahto, Resident of Village- Meghawal, Police Station- Ram Nagar, District- West Champaran. . . . . . . Petitioners. Versus 1. THE STATE OF BIHAR & 2. Meera Devi, daughter of Satya Narayan Prasad Kushawaha, resident of Village- Dumdumava Shivpur, Police Station Sathi, District- West Champaran. . . . . Opposite Parties. ----------- 4/ 06.10.2009 Heard learned counsel for the petitioners and the State. The instant application is filed against the order dated 27.01.2006 passed in Complaint Case no. 2002 C of 2004, Tr. No. 2100 of 2005 for the offence under Sections 323, 341, 504, 498 A of the Indian Penal Code. The petitioners submit that the present complaint has been filed in retaliation to the earlier complaint case filed by petitioner no.2 being Complaint case no. C 581 of 2002. The petitioners state that in the aforesaid case, cognizance has been taken and petitioner no.2 was directed to file requisites but however, he subsequently defaulted in appearing in the case and the complaint case got dismissed. He subsequently filed another Complaint case bearing Complaint case no. C-745 of 2003. In the aforesaid case also cognizance has been taken and summons has been issued to the prosecution side. Learned counsel submits that it appears from the complaint petition filed in the year 2002 that the complainant left his house just 2 ½ months after the marriage along with her father. He submits that in any view of the matter, he is willing to live with the complainant. - 2 - As both the sides have shown inclination to live with each other, the trial court or court in seisin of the case would enquire from the parties, whether they are willing to live together or not. In case, if they file compromise petition and express their desire to live together, the learned court concerned would proceed to dispose of the matter in accordance with law, taking into account the compromise petition. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)