IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40709 of 2009 1. MANOJ KISKU son of Pradhan Kisku, 2. Pradhan Kisku son of Late Happa Kisku & 3. Hanji murmur wife of Pradhan Kisaku, All are resident of village- Binda Bari, Mauza Bhamrelle, P.S. Kadwa, District- Katihar. ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Maibitti Hembram, D/o Bajjal Hembram, wife of Tallu Marandi, presently residing at village- Binda Bari, Bhamrailee, P.S. Kadwa, District-Katihar …OPs ----------- For the petitioner : Md. Helal Ahmad, Advocate For the OP NO.2 : Mr. Imteyaz Hussain, Advocate For the State of Bihar : Mr. C. Jawahar, APP ----------- 3/ 28.07.2010 The petitioners seek quashing of the entire proceeding including the order dated 6.1.2009 passed in Complaint Case no.1609 of 2008/ Tr. No. 2367 of 2009, by which the Sub-Divisional Judicial Magistrate, Katihar, has taken cognizance under sections 498-A Indian Penal Code and section 4 of the Dowry Prohibition Act against the petitioners. The contention of the petitioners is that the opposite party no.2, in fact, is the legally married wife of one Tallu Marandi and, therefore, no offence under section 498-A Indian Penal Code and section 4 of the Dowry Prohibition Act would be made out against the petitioners. Notices were issued to the opposite party no.2, who appeared through duly executed vakalatnama and supports the factum of compromise having been filed by the parties in the court below, - 2 - wherein, the fact that the opposite party no.2 is the legally married wife of Tallu Maradni has been accepted. In view of such, this application is allowed and entire proceeding including the order dated 6.1.2009 passed in Complaint Case no.1609 of 2008/ Tr. No. 2367 of 2009, by the Sub-Divisional Judicial Magistrate, Katihar, taking cognizance against the petitioners is hereby quashed. Application stands allowed. JA/- (Anjana Prakash, J.)