IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49229 of 2007 NAWAL SAH @ NAVAL KISHORE GUPTA Versus STATE OF BIHAR & ANR ----------- 4. 27.02.2009 Heard leaned Counsel for the petitioner and learned Counsel for the State. No one appears on behalf of opposite party no. 2, despite having entered appearance. The petitioner, who is the husband, is aggrieved by the order of cognizance dated 12.1.2005 by SDJM, Raxaul at Motihari in Complaint case No C-323/04 (Trial No. 1373/04) under Section 498A of the Penal Code. Learned counsel for the petitioner firstly submits that in a 10 year old marriage and two children born out of wedlock, he was still ready and willing to keep opposite party no. 2 in the matrimonial home with dignity. He next submits from Annexure-2 that opposite party no. 2 had voluntarily at a panchayati agreed to part ways considering incompatibility between them when she has renegaded from the same before the court below. The aspect of willingness of the petitioner for matrimonial harmony is a matter to be appropriately kept in mind by the court below during trial including demeanour of the parties to decide the matter in accordance with law. Similarly, the contention of the petitioner at a panchayati for parting ways amicably is the defence of the petitioner to be appropriately examined during the trial when the petitioner shall have the liberty to cross-examine the opposite party no. 2 with regard to the documents. 2 This Court on the face of the allegations in the complaint finds it difficult for the aforesaid reasons to quash the entire proceedings at this stage. Notwithstanding the refusal of this Court to entertain the present application under Section 482 Cr.P.C. the Magistrate shall be obliged to proceed in the manner discussed above during the course of the trial. The application is disposed. AKS/- (Navin Sinha,J.)