IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55967 of 2006 SANJIB PANDEY @ SANJIB KUMAR PANDEY . Versus STATE OF BIHAR & ANR . ----------- 9 30.3.2010 KHAN Heard counsel for the petitioner and the State. No one appears on behalf of Opposite party no.2. The petitioner seeks quashing of the order dated 29.7.2004 passed by the Judicial Magistrate Ist Class, Jamui in Case No.423 C/2004 whereby cognizance under sections 323, 379, 498A and 504 of the Penal Code has been taken against the accused persons. The petitioner states that in fact marriage took place on 26.4.1999 and on the date of marriage he was not even 14 years of age and was a minor. The petitioner has filed a Matrimonial suit on 30.7.2002, contained in Annexure-2, for dissolution of marriage. In the Matrimonial suit the petitioner stated that he was a minor and as such the marriage was voidable. In the instant case the Opposite party no.2 filed a counter affidavit. In paragraph 10 whereof it has been stated that she had filed the instant case so that the accused persons may take her back in the matrimonial home. As the aforesaid materials are not on record of the complaint case, this court disposes of this application with an observation that the petitioner may take all these points at the time of framing of charge. (S.P.Singh,J) - 2 -