IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45016 of 2008 Yogendra Chaurasia, son of Late Deodhari Chaurasia, village Barauli, PS Darauli, Dist. Siwan – Petitioner. Vs. 1. The State of Bihar, 2. Rekha Devi, wife of Jiwan Chaurasia, daughter of Baban chaurasia, village Bali Tola, PS Hussainganj, District Siwan – Opp. Parties. 2 4.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the First Information Report of Darauli PS Case No. 51/2008 instituted for the offences under sections 498A/34 of the Penal Code. The facts are that Baban Barai, father of opposite party no.2 had filed Complaint Case No. 330/2004 against the husband, brother-in-law and sister-in-law. Cognizance was taken in this case on 1.7.2004 only against the husband and Rekha Devi. Subsequently it is submitted that First Information Report has been instituted stating therein that the brother-in-law and his wife live along with her husband in a joint family and that the petitioner had produced a false partition document to say that he lived separately as a result of which he has been exonerated in the complaint case. Counsel for the petitioner submits that the filing of the second case is mala fide and vexatious and as such the First Information Report should be quashed. The question as to whether the brother-in-law and his wife life along with the husband Jiwan is question of investigation and, therefore, this court at this stage 2 cannot intervene by quashing the First Information Report of the case. This application is dismissed. haque ( Sheema Ali Khan, J.)