IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17063 of 2008 1. Md. Shamim Ansari, son of Late Md. Idris, 2. Md. Sadiq Ansari, son of Late Md. Idris, 3. Syed Ansari, son of Late Md. Idris, all of village Beroli Bazar, PS Rupauli, district Purnea. 4. Md. Ainul Haque, son of Late Md. Safiuddin, 5. Mariyam Khatoon, wife of Md. Ainul Ansari, residents of village Bareta, Ansari Tola, PS Barari, district Katihar – petitioners. Vs. 1. The state of Bihar, 2. Rubi Praveen @ Rubi Khatoon, daughter of Majid Ansari, Mohalla Barbanna, PS and district Katihar – opp. parties. 2 15.2.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 18.12.2007 passed by the Subdivisional Judicial Magistrate, Katihar in Complaint Case No. 2568 of 2007. Counsel for the petitioners submits that petitioner no.1 has filed a suit for restitution of conjugal rights prior to the filing of the complaint petition and in fact the complaint has been filed as an after-thought. Notices has been issued to the complainant in the restitution application. The order, dated 19.12.2007 passed in the restitution proceeding indicates that opposite party no.2 does not wish to live with her husband. At this stage it is very difficult for this court to consider the points raised on behalf of the petitioners to indicate that it is a case of non-adjustment rather than a case under section 498A of the Penal Code. All these aspects of the matter can be considered at the time of framing of charge. 2 This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)