IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17555 of 2008 LALBABU DAS & ORS Versus THE STATE OF BIHAR ----------- For the Petitioners : Mr. Radha Mohan Singh, Advocate. For the State : Mr. Atul Chandra, A.P.P. For the complainant: M/S. Diwakar Sinha and Kamal Kishore Jha, Advocates. --------- 7. 10.03.2011. Heard learned counsels for the petitioners and the State. The petitioners have challenged the order dated 29.02.2008 whereby the petitioners’ application for discharge under Section 245 of Cr. P. C. in complaint case no. 329 of 2006 has been rejected. Learned counsel for the petitioners submits that on 18.09.2005 the marriage was dissolved with consent of the parties vide Case No. 62 of 2005 as contained in Annexure-3 by District Legal Service Authority, Uttar Dinajpur at Raiganj in the province of West Bengal. Thereafter, the present complaint case has been filed on 17.04.2006 hence, it is malicious prosecution. Learned counsel for the 2 complainant, however, submits that there are serious accusations in the complaint petition. Moreover, it appears that earlier also in 2004 a complaint case was filed which was compromised on the basis of undertaking given by the petitioners’ side but they violated the undertaking. However, learned counsel for the complainant does not deny the decree of divorce passed on 18.09.2005 with the consent of the parties in their presence. However, learned counsel for the complainant submits that some fraud has been played but this is not in dispute that the order of Lok Adalat dated 18.09.2005 has not been challenged till date. Since Lok Adalat has passed the order in presence of both the parties and admittedly the present complaint has been filed subsequent to the said order of dissolution of marriage hence, in the interest of justice, the order dated 29.02.2008 passed in complaint case no. 329 of 2006 including the entire 3 prosecution of the complaint case are hereby quashed, as continuation of the present proceedings will be abuse of process of the court. Accordingly, the application is allowed. U. K. ( Dinesh Kumar Singh, J)