IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17235 of 2005 SANJAY JAIN @ SANJAY DHALERIA Versus STATE OF BIHAR 10 19.3.2010 KHAN Heard counsel for the petitioner and the State. The petitioner prays for quashing the order dated 22.12.2003 passed in Complaint Case No.1545(C)/2003 being T.R.No.998/05 whereby cognizance of offence has been taken under sections 498A, 323/34 of the Penal Code and section 3 & 4 of the Dowry Prohibition Act. Counsel for the petitioner submits that the complainant and her husband has already taken mutual divorce in Suit No.276 of 2004 by the Family Court, Jaipur. It is further submitted that thereafter compromise has been arrived at between the parties. This court by order dated 9.8.2007 passed in Cr.Misc.No.20900 of 2005 has quashed the criminal prosecution against the father-in-law and mother-in-law of the complainant. The petitioner is brother of the husband of the complainant. It appears that both the complainant and her husband have already taken mutual divorce through the court and the case has been compromised between the parties and as such continuance of criminal prosecution against the petitioner amounts to misuse of the process of the court. Accordingly this application is allowed and the impugned order taking cognizance against the petitioner is hereby quashed. (S.P.Singh,J) - 2 -