IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28925 of 2004 1. Md.Naushad, son of Md. Tahir 2. Md. Tahir, son of Md. Shafique 3. Bholia Khatoon, wife of Md. Tahir 4. Ajmeri Khatoon, Daughter of Md. Tahir, All are resident of village-Jafarganj, P.S.-Mufassil Town, District-Katihar. …….Petitioners Versus 1. The State Of Bihar 2. Sajda Khatoon, wife of Nausad, resident of village-Zaferganj, P.S.-Mufassil, District-Katihar. …..Opposite Parties. ----------- 10. 17.12.2009 Heard learned counsel for the petitioners and the State. No one appears for opposite party No. 2 despite issuance of notice. Opposite party No. 2 has lodged the instant case alleging that on 26.02.2004 petitioner demanded dowry and tortured her for non fulfillment of the same. Learned counsel submits that earlier complainant has filed a complaint petition bearing Complaint Case No. 150 of 2003 in the aforesaid case. The compromise was arrived at between the parties and in fact Talak was also effected between petitioner No.1 and opposite party No. 2. Petitioners state that opposite party No. 2 has admitted that divorce has been effected. It is submitted that in these circumstance no offence under Section 498 A will be made out. - 2 - In view of admitted divorce before filing of complaint the proceeding under Section 498 A is unwarranted and an abuse of the process of law. As such the impugned order dated 15.04.2004 passed in G.R. Case No. 293 of 2004 in Katihar(Mufassil) P.S. Case No. 102 of 2004 under Section 498A of the Indian Penal Code and ¾ of the Dowry Prohibition Act is quashed. Shageer (S.P. Singh, J)