IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45613 of 2008 1. JANARDAN SINGH. 2. PARSURAM SINGH 3. JAGDISH SINGH 4. KRISHNANANDAN SINGH ALL SONS OF GULESHWAR SINGH. 5. RAJESH SINGH, SON OF JAGDISH SINGH ALL THE RESIDENT OF VILLAGE: HAJIPUR PIPRA, DEWARH, P.S. BARAUNI, DISTRICT- BEGUSARAI. .. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. RAJESHWAR RAI, SON OF JUGESHWAR RAI, RESIDENT OF VILLAGE: BRINDAWAN, P.O. RAMPUR, P.S. MATIHANI, DISTRICT- BEGUSARAI. ….. OPPOSITE PARTY. ----------- 2. 14.03.2011 The petitioners have challenged the order of cognizance dated 9.6.2008 whereby cognizance has been taken under Sections147, 323, and 379 of the Indian Penal Code by the learned Judicial Magistrate, Ist Class, Begusarai in a complaint case. The petitioners are the family members of the girl who is married with the son of the complainant. The petitioner side lodged the case on 9.3.2007 under Sections 498(A) and 406/34 of the I.P.C. when the present case was lodged on 12.6.2007 for an occurrence of 10.6.2007. It is submitted by the Senior Counsel for the petitioner that maliciously complainant side has filed the present case as retaliatory measure whereas learned counsel for the complainant submits that when the complainant filed a divorce case then the occurrence 2 was committed by the petitioner side. From perusal of record, it appears that the case has been lodged as retaliatory measure. Since the 498(A) I.P.C. case is going on between the parties at Delhi and the fact that the divorce case has been transferred to Delhi hence prima facie the present case appears to be a malicious prosecution. Continuation of such malicious prosecution will be an abuse of the process of the Court, hence, in the interest of justice, the order of cognizance including the entire prosecution of Complaint CaseNo.1299C of 2007 pending in the court of learned Judicial Magistrate, Ist Class, Begusarai are hereby quashed. Ibrar/- (Dinesh Kumar Singh, J.)