IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57147 of 2007 MD.ENAYAT RASOOL, SON OF MD. SHAMSHER ALI, RESIDENT OF VILLAGE-CHHOTI BALLIA, P.S. BALLIA, DISTRICT-BEGUSARAI. --PETITIONER Versus 1. THE STATE OF BIHAR 2. BIBI NOORJAHAN, DAUGHTER OF MD. NEZAMUDDIN RESIDENT OF MOHALLA-ISLAMPUR NAYA TOLA, P.S. & DISTRICT-KHAGARIA. --OPPOSITE PARTY FOR THE PETITIONER : MR. MD. RASHID ALAM FOR THE STATE : MR. MUKESHWAR DAYAL, APP 2 09.04.2010 Heard learned counsel for the petitioner and the State. This is an application for quashing the order dated 10th April, 2006 passed in Complaint Case no. 826C of 2005 by a Sub-divisional Judicial Magistrate, Khagaria, taking cognizance under Section 498-A of the Indian Penal Code and 3 / 4 of the Dowry Prohibition Act. It is submitted that petitioner has already divorced opposite party no.2 and matter was placed in a Panchayati also on 08th September, 2004 when the dower debt etc. was also paid to opposite party no.2. It is further submitted that stage of charge has already come before the 2 trial court. Since four years have already lapsed after taking cognizance and petitioner already in attendance on getting bail from the court of learned Sessions Judge as early as on 11th August, 2006 in Bail Application no. 631 of 2006, evidence before charge must have been concluded and petitioner is expected to have opportunity to confront the witnesses on the plea of divorce, Panchayati, payment of dower debt etc. Taking into consideration all such aspects, this application is hereby disposed of with liberty to the petitioner to agitate all such points before the court below at appropriate stage where the materials shall be considered in accordance with law. The court below is, at the same time, directed to expedite further proceedings. (Akhilesh Chandra, J.) AAhmad