IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32434 of 2007 1. NAWAL KISHORE PRASAD VIDYARTHI, APP, CIVIL COURT, VIRPUR, SUPAUL 2. MANJU DEVI @ MANJU NARAIN, NARSANDA, CHANDI, NALANDA 3. USHA DEVI, W/O SRI BJHUPESH KUMAR BHARTI 4. BHUPESH KUMAR BHARTI, SIRIYAPUR, KHIRHER, MADHUBANI 5. SHIV NARAIN PRASAD S/O LATE RUPCHAND PASWAN 6. CHOURSI DEVI W/O SRI SHIV NARAIN PRASAD 7. KIRAN KUMARI D/O SRI SHIV NARAIN PRASAD. Versus 1. STATE OF BIHAR 2. SANJU DEVI W/O NAWAL KISHORE PRASAD VIDYARTHI, D/O SRI R.PASWAN, BARI KEWAI, SAHJAHANPUR, PATNA. ----------- 3 09.10.2009. Heard learned counsel for the parties. Petitioners have come to this court for setting aside order dated 1.3.2007, passed by Addl. Chief Judicial Magistrate, Barh, Patna in Compliant case no. 19(C) of 2007, by which he has allowed application of opposite party number 2 and took cognizance of offence under sections 323,380,498A and summoned them to face trial. Petitioners submit that this is the third case filed by opposite party number 2 against them. It is also submitted that matrimonial suit is also pending between the parties. They are still willing to keep opposite party number 2. Counsel for opposite party number 2 submits that his client is still willing to stay with her husband (petitioner no.1) and his family, provided they keep her with love and care. - 2 - Having heard the parties, this Court is of the view that the learned Magistrate in seisin of the case would call opposite party number 2 as well as her husband (petitioner no.1) and explore the possibility of their living together. In case any such compromise is arrived at between them, the court would proceed to dispose of the same in terms of the same. In case, compromise is not effected, it would be open to the petitioners to raise his points at the time of framing of charge. The petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)