IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52962 of 2007 ANJUM BEGAM @ BIBI ANJUMAN, D/o Md. Halim, resident of Fatehpur, W/o Late Sk. Sarfuddin Havildar, resident of village- Chanderi, P.S. Sabour, District- Bhagalpur ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Bibi Salma @ Kanti, w/o Late Sk. Sarfuddin Havildar, resident of village- Chanderi, P.S. Sabour, District- Bhagalpur …Opposite Parties ----------- 5/ 16.04.2010 Heard learned counsel for the parties. The petitioner seeks quashing of the order dated 24.5.2004 passed by the Sub-Divisional Judicial Magistrate, Bhagalpur, in Complaint Case No.1450 of 2002, by which he has taken cognizance for the offence under sections 498-A Indian Penal Code and section 3/4 of the Dowry Prohibition Act. The case of the complainant is that she was the third wife of one Md. Sharfuddin, and got married to him on 11.8.1996, whereafter she was variously tortured for the ends of dowry by the family members of the husband of the complainant including the present petitioners, who happens to be the second wife of Md. Sharfuddin. After enquiry under section 202 Cr. P. C., the court took cognizance, as stated above, and issued summons to the accused persons. During the pendency of this application, the alleged husband of the complainant died on 3.12.2006, and so, the complaint abated with regard to him and continued against others. Simple submission of the counsel for the petitioner is that the complainant has described herself as the third wife of Md. - 2 - Sharfuddin and, therefore, in legal terms, she cannot be the wife, who can make a complaint under the circumstances. On this score alone, this court is inclined to interfere with the order of cognizance. However, counsel for the opposite party no.2 submits that since Md. Sharfuddin died in course of official tenure, the issue of payment of compensation etc. is still lying before the authorities and any order passed in this application should not affect the said proceeding. In view of such, this court set aside the order dated 24.5.2004, passed in Complaint Case No.1450 of 2002 by the Sub- Divisional Judicial Magistrate, Bhagalpur, with observation that the result of the present application may not affect any proceeding pending anywhere between the parties. In the result, the application is allowed. JA/- (Anjana Prakash, J.)