IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31561 of 2009 Kaushar Niyaji, son of Md. Ishaque, village Brahmpur Urdu Library Road, Aurangabad, PS and District Aurangabad - petitioner. Vs. 1. The State of Bihar, 2. Fahmida, wife of Kaushar Niyaji, resident of Brahmpur Urdu Library Road, Aurangabad, PS and District Aurangabad, at present Mohalla C 29/134, Teliya Bagh Town, Banaras, U.P. – opp. parties. 5 19.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 31.5.2007 passed by the Subdivisional Judicial Magistrate, Bhabhua in Complaint Case No. 419/2007 by which cognizance has been taken for the offences under sections 498A, 406 and 384 of the Penal Code. The stand of the petitioner is that he has divorced opposite party no.2 on 5.6.2007 whereas the stand of opposite party no.2 is that this stand has been taken for the first time in the quashing application and in fact this point was not raised at the time when the bail petition was filed before this court or before the Supreme court. On the other hand, counsel for the petitioner submits that the stand is not justified in view of the fact that divorce (Talaqnama) was issued by Mahakma-e-Sharaeeyah, Jamia Mazharul Uloom, Varanasi and the advertisement given for grant of Talaq has been annexed in the bail petition. The parties are present in court. It appears that they cannot come to any understanding. Opposite party no.2 claims that she wants to live with her husband and she can prove that she is not divorced even after the pronouncement by the said body as described 2 in Annexure 4. In any event it appears that in the quashing application there is an averment that the petitioner has divorced opposite party no.2. In the facts aforesaid I am not inclined to interfere with the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)