IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40965 of 2008 1. Ehtashamul Haque, son of late Md. Yusuf. 2. Bilkees Begum, wife of Ehtashamul Haque. Both are residents of A/99, Aalap Avenue, University Road, Rajkot, Gujrat................Petitioners. Versus 1. The State of Bihar. 2. Heena Parween, wife of Javed Akhter, resident of Village- Baswria, P.S. Lauria, District- West Champaran..............Opposite Parties. ----------- For the petitioners: M/S. Ajay Kumar Thakur and Ravi Ranjan, Advocates. For the O.P.No.2 : Mr. Akhileshwar Kumar Srivastava, Advocate. For the State : Mr.Nand Kishore Prasad, A.P.P. ---------- 3. 27.01.2011. Heard learned counsels for the petitioners, Opposite party no.2 and the State. The petitioners being the married brother-in-law and sister of the husband have challenged the order of cognizance dated 23.06.2008 passed by the learned Sub-Divisional Judicial Magistrate, Bettiah, including the entire prosecution of complaint case no. 2503C of 2007 whereby the cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioners that the petitioners reside at Rajkot and with regard to similarly situated accused persons, this Court has quashed the 2 prosecution vide Cr. Misc. No.39606 of 2009 on 07.10.2010. The relevant portion of the said order reads as follows: “On the previous occasion, by an order dated 12.01.2010 notices were issued to the opposite party no.2 who has appeared before this Court. On specific asking of the opposite party no.2 whether she has any grouse against the petitioner nos. 1 to 4, she denies the same. In view of such, the application is allowed with regard to the petitioner nos. 1 to 4 and the proceedings in complaint case no. 2503C of 2007(Tr. No. 348 of 2008) pending before the Sub Divisional Judicial Magistrate, West Champaran at Bettiah with regard to the petitioner nos. 1 to 4 is hereby set aside.” Learned counsel for opposite party no.2, however, does not controvert the aforesaid submissions of the learned counsel for the petitioners. This Court in order to maintain consistency has no occasion to differ with the stand taken by this Court in the earlier proceedings with regard to other relatives of the husband, hence, considering the aforesaid submissions, the order of cognizance dated 3 23.06.2008 passed by the learned Sub-Divisional Judicial Magistrate, Bettiah, in complaint case no. 2503C of 2007 and the entire prosecution so far as it relates to the petitioners, namely, Ehtashamul Haque and Bilkees Begaum are concerned, are hereby quashed. U.K. (Dinesh Kumar Singh,J.)