IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44464 of 2008 1. MANOJ KUMAR AGRAWAL , S/O BISWANATH AGRAWAL. 2. BISWANATH AGRAWAL, S/O LATE BAJRANG LAL AGRAWAL. 3. SANJAY KUMAR AGRAWAL, SON OF BISWANATH AGRAWAL. ALL RESIDENT OF CK 66/63, BENIA BAG POLICE STATION CHOWK, P.O. & DISTT.- VARANASI (UTTER PRADESH) .------------PETITIONERS Versus 1. STATE OF BIHAR 2. PRASHANT KUMAR BAJAJ, SON OF LATE MANOHAR BAJAJ, RESIDENT OF MOHALLAH- GANDHI HOTEL GALI, SIKANDERPUR, POLICE STATIOIN TOWN, DISTT.- MUZAFFARPUR. -----------OPPOSITE PARTY ----------- 4 07.02.2011 The petitioners have challenged the order dated 2nd of April 2007 whereby the cognizance has been taken under Sections 427 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation levelled against the petitioners is that the marriage of petitioner no. 1 was settled with sister of opposite party no. 2, but subsequently, the marriage could not be solemnized. It is alleged that in the initial round Rs.50,000/- was spent by the girl side and subsequently, demand of Rs. 1 lakh was made through telephone. Initially when the matter was heard on 05.10.2009, the notice was issued and further proceeding was stayed. The other side opposite party no. 2 has appeared. 2 It is admitted position that now both boy and girl have been married to different places. Now the only question remains about the expenditure made by opposite party no. 2 during the initial negotiation of the marriage. The petitioner sides are ready to pay Rs. 25,000/- by bank draft to opposite party no. 2 within a period of two months. The said draft will be deposited in the court of learned S.D.J.M, (East) Muzaffarpur, who will consequently release the same in favour of opposite party no.2. Opposite party no. 2 accepts the offer made by the petitioners. In view of the submission of the parties, no useful purpose will be served in allowing to continue the present prosecution. As a result, the order of cognizance dated 2nd April 2007 passed by learned Magistrate in Complaint Case no. 2033 of 2006 Trial No. 2041 of 2008 including the entire proceeding pending in the court of Sub-Divisional Judicial Magistrate (East), Muzaffarpur are hereby quashed. Any default on behalf of the petitioner will give liberty to opposite party no. 2 to file an appropriate application before this Court. Amrendra/ (Dinesh Kumar Singh,J.)