IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3519 of 2009 1. RAJENDRA UPADHYAY S/O LATE SHIV KUMAR UPADHYAY 2. SANJAY UPADHYAY S/O RAJENDRA UPADHYAY 3. AJAY UPADHYAY @ AJAY KUMAR S/O RAJENDRA UPADHYAY 4. KRISHNAWATI DEVI W/O RAJENDRA UPADHYAY Versus 1. STATE OF BIHAR 2. SHRI PARSHURAM DEBEY S/O LATE DEO NARAYAN ----------- 2. 02.08.2010 This application has been filed for quashing the order taking cognizance dated 28.11.2007 in Complaint Case No. 1180/2006, Tr.No. 2711/2008 passed by S.D.J.M., Sasaram by which he has taken cognizance for the offences under Sections 498-A of the I.P.C. and under Section 4 of the Dowry Prohibition Act. The complainant alleged that her daughter Indu Devi had been tortured and harassed for demands of dowry by her in-laws subsequently the said Indu Devi died upon which the complainant instituted another case under Section 304-B of I.P.C. against the in laws, in which final report was submitted since there were materials collected that during investigation that the deceased had died on account of Cancer. - 2 - The learned counsel for the petitioner submits that once police had concluded that the deceased had died on account of illness, which fact was supported by the 10 years old daughter of the deceased, the present case is an abuse of the process of the court. I am unable to agree with the learned counsel for the petitioner since the present case pertains only to an offence under Section 498-A and 4 Dowry Prohibition Act and the subsequent development will have no bearing on the present case. In the result, this application is dismissed. Fahad. (Anjana Prakash, J)