IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25053 of 2007 1. RAMA SHANKAR SINGH @ KUSWAHA, S/o Late Jivdhari Singh 2. Radhika Devi, W/o Rama Shankar Singh @ Kuswaha Both are resident of village Upri, P.S. Ramgardh, District Kaimur Versus 1. THE STATE OF BIHAR 2. Manwartta Devi, W/o Rama Shankar Singh @ Kuswaha, R/o village Upri, P.S. Ramgardh, District Kaimur ----------- 6. 5.3.2010 Heard counsel for the petitioners and the counsel for the State. Reference may be made to the order of this Court dated 5.2.2010. On the last occasion this Court on virtually taking a compassionate view after finding that petitioners no. 1 and 2 are prima facie guilty of committing offence under section 494 I.P.C. had by way of indulgence and in order to save life of the two families, namely, the petitioners and of O.P.No.2 on prayer of Mr. Amresh Kumar Jha, who was then appearing on behalf of the petitioners, put this case for settlement outside the Court. Today, however, the attitude of the counsel for the petitioners is entirely different and he has conveyed that the petitioners do not want any sort of settlement and would contest the litigation. 2 That being so, when the petitioners have themselves abandoned recourse of settlement in the midway by withdrawing assurance which was given to this Court on the last occasion there would be little for this Court to decide the case on merits. Coming to the question on merits of the case this Court would find that the impugned order is only one of taking cognizance under sections 498A/494/504 I.P.C. This Court on perusal of the complaint would find that there are definitely allegations constituting such offence and therefore, the court below has not committed any irregularity much less any error in law in taking cognizance. If therefore the counsel for the petitioners in the changed scenario does not want to press this application and would like to withdraw all that this Court will do is to permit such withdrawal but with a direction to the court below to ensure that the trial of the petitioners should be taken up on day to day basis and in order to ensure that the some comes to an end within a period of six months from the date of 3 receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/