IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.5405 OF 2008 1. RADHA SHARAN, SON OF LATE RAM UCHIT RAJAK, 2. SANJAY KUMAR, SON OF RADHA SHARAN. BOTH RESIDENT OF MISHAN ROAD PAKRI, P.S.-NAWADA ARA, DISTRICT-BHOJPUR. ........Petitioners. VERSUS 1. THE STATE OF BIHAR. 2. RENU DEVI, WIFE OF SANJAY KUMAR AND DAUGHTER OF RAM NARESH RAJAK, RESIDENT OF MOHALLA-PAKARI MISHAN ROAD ARA, NEAR NAGENDRA ELECTRONICS, P.S.- NAWADA, DISTRICT-BHOJPUR, AT PRESENT RESIDENT OF VILLAGE-INJOR, P.S.-MEHANDIA, DISTRICT-ARWAL. ..........Opposite Parties. ----------- 6. 10.01.2011 It is submitted by the learned counsel for the petitioners that the marriage has already been dissolved by a decree of divorce vide Matrimonial Case No. 459 of 2007 on 16.11.2009. It is further submitted that after the dissolution of the marriage, the O.P. No.2 had already married to some one else. Though, vide order dated 21.05..2010, both sides were directed to file a joint affidavit to that effect that they do not want to pursue this case but the same has not been filed. Though by the order dated 23.03.2009, further proceedings of Mehandia P.S. Case No.21 of 2005 were stayed, wherein on 27.11.2007 the cognizance was taken under Sections 498A, 323, 379 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act. The said order was challenged in the present proceeding. 2 Learned counsel for O.P. No.2 submits that she is not willing to pursue the matter after divorce. In that view of the matter, the order of cognizance dated 27-11-2007 passed by the learned Chief Judicial Magistrate, Jehanabad, in Mehandia P.S. Case No.21 of 2005 is hereby quashed. It is expected that both sides will file a joint application before the learned court below when the learned court below will consider to drop the proceedings. With the aforesaid observations, the application is allowed. P.N. (Dinesh Kumar Singh,J.)