IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9108 of 2008 1. AMNA KHATOON W/O- UTTAURRAHMAN, R/O- VILLAGE DARMANIA, GOVINDPUR BAZAR, P.S.- GOVINDPUR, DISTRICT- NAWADA. 2. NEZAMUDDIN, S/O- LATE ABDUL, R/O- VILLAGE CHIRKUNDA, P.S.- CHIRKUNDA, DISTRICT- DHANBAD, (JHARKHAND). 3. SHAHNAWAZ BANO, W/O- NEZAMUDDIN, R/O- VILLAGE CHIRKUNDA, P.S.- CHIRKUNDA, DISTRICT- DHANBAD, (JHARKHAND). 4. MD. SARTAZ W/O- LATE ATTAURRAHMAN, R/O- VILLAGE DARMANIA, GOVINDPUR BAZAR, P.S.- GOVINDPUR, DISTRICT- NAWADA. Versus 1. THE STATE OF BIHAR 2. NOORZAHAN KHATOON, W/O- MD. EKBAL, R/O- VILLAGE DARMANIA, GOVINDPUR BAZAR, P.S.- GOVINDPUR, DISTRICT- NAWADA PRESENTLY D/O- KAMRUDDIN, R/O- VILLAGE GADHPAR, P.S.- AKBARPUR, DISTRICT- NAWADA. For the petitioners : Mr. Indradeo Prasad, Advocate. For the O.P. : Mr. Satyendra Prasad, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 3 07.10.2010 Heard both sides. It appears from the record that the present order, in so far as the accused husband is concerned, has already been quashed by a Bench of this Court by order dated 7.1.2008 passed in Cr. Misc. no. 37065 of 2007 (Md. Ekbal versus State of Bihar & Ors). Petitioners before this Court are the mother-in-law, brother-in-law, married nanad and brother-in-law respectively of the complainant. Learned counsel for the petitioners states that if the complainant is ready and willing to come back to the matrimonial home, they would be happy to allow her to remain in the matrimonial home and to take full care of the complainant. Counsel for the opposite party no. 2 (complainant) 2 states that the complainant is also willing to go back to her matrimonial home and stay there along with her husband. This Court finds from the order dated 7.1.2008 that initially she had refused to go with the husband (Md. Ekbal) who was ready and willing to keep her and maintain her with dignity as his wife. The proceedings seems to have already been quashed by the aforesaid order dated 7.1.2008 (Annexure-1) but in respect of the petitioner of aforesaid case. Petitioners of the present application are the in-laws. Considering the reasonings assigned by a Bench of this Court in order dated 7.1.2008 (Annexure-1) as also the stand of the parties before this Court, I am inclined to quash the present order taking cognizance 23.7.2007 passed in Complaint Case no. 323 of 2007. The application is allowed. pkj ( Kishore K. Mandal, J. )