IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26272 of 2008 1. Md.Mazhar Ali 2. Md. Yasin 3. Sajra Khatoon 4. Md. Azmat Ali 5. Md. Haider Ali 6. Rozi Khatoon 7. Md. Mahfooz 8. Nargis Khatoon…………….Petitioners. Versus State Of Bihar & Anr ---------------------------------- 03. 23.09.2011 Learned counsel for the petitioner is directed to correct the prayer portion of the petition. This is an application for quashing the Complaint Case No.1744 of 2007, for the offences under Sections 498A, 323 of the I.P.C. and Section 3/ 4 of D.P. Act pending in the Court of Sri S. K. Singh, S.D.J.M. (W) at Muzaffarpur. Heard learned counsel for the petitioners and learned counsel for the State. Torture for demand of dowry is the allegation constituting a clear case under Section 498A of the I.P.C. that is followed by assault. So, Section 323 of the I.P.C. is also added along with Section 3/ 4 of the D.P. Act. Submission of learned counsel for the petitioners is that contradiction is there on the point of making demand of dowry amount including articles at the occasion of marriage, may not be taken to doubt the constitution of offence. Another submission is about divorce of the complainant by petitioner No.1 never earlier 2 was brought in knowledge of the Court in this proceeding or any other proceeding, may also be not taken to favour the petitioner. Moreover, divorce can be taken an additional act of torture even, a Mohemmdan is allowed to divorce. Cognizance has been taken in the case. Taking into consideration the allegation and in its corroboration by the witnesses, no illegality in passing the order by learned Magistrate. Accordingly, this quashing application is dismissed. Vikash (Mandhata Singh, J.)