IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35859 OF 2009 1. DEEPAK DUTT, SON OF MAHESH DUTT 2. MAHESH DUTT, SON OF LATE MADHUSUDAN PRASAD 3. CHANMD DUTT, WIFE OF MAHESH DUTT ALL RESIDENT OF MOHALLA A-21, SHEKHAR APARTMENT, MAYUR VIHAR, PHASE-I EXTENSION, POLICE STATION MAYUR VIHAR, NEW DELHI-91 ……………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RAKHI DUTT, WIFE OF DEEPAK DUTT, RESIDENT OF MOHALLA A-21. SHEKHAR PARTMENT, MAYUR VIHAR PHASE-I, EXTENSION, POLICE STATION MAYUR VIHAR, NEW DELHI-91 ……………………………………………………………………….OPPOSITE PARTIES ********** 4 19/11/2009 This application has been filed for quashing the First Information Report of Kotwali Police Station Case No. 163 of 2008 instituted under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Smt. Rakhi Kumari Lohani had instituted an First Information Report alleging that her husband was demanding dowry and was ill treating her. It has been stated on her behalf that she was married with the petitioner Deepak Dutt on 02.05.2007 and soon thereafter they started demanding dowry and that the petitioner and the Opposite Party were living at Delhi, and then at Gaziabad when they developed a problem due to which both of them had separated. Smt. Rakhi Kumari Lohani gave birth to a baby child on 25.12.2007. During the pendency of this case, relations 2 between the two of them were restored and both of them are now living together at Kanpur. This matter was heard on 03.11.2009. On that date, an affidavit has been filed by the informant Smt. Rakhi Kumari Lohani that she is living with her husband at Kanpur and she does not want to pursue this case any further. This Court in order to ensure that the matter has been settled between the parties and that the affidavit filed in the case is genuine, directed the informant to appear before this Court along with her husband in chambers on 16.11.2009 at 4:15 PM. When the parties appeared in chambers, this Court spoke to the husband and wife. Both of them appear to be living happily together and Smt. Rakhi Kumari Lohani had no complaints against her husband. An affidavit has been filed on behalf of the informant Smt. Rakhi Kumari Lohani stating therein that she does not want to pursue this case. Obviously, when the parties are living happily as husband and wife and have no complaints against each other, it would be an abuse of process of law, if a criminal case is allowed to continue. The informant- Opposite Party No. 2 made a statement before this Court that “she has no complaints against her husband and that matters have been solved between them”. 3 Considering the affidavit filed in the Court, the statement made by the informant-Opposite Party No. 2 and the assurance given by the petitioner no. 1, Deepak Dutt that he has no grievances against his wife, the First Information Report of Kotwali Police Station Case No. 163 of 2008 is hereby quashed against all the accused persons including the husband Deepak Dutt. This application is accordingly allowed. Anand ( Sheema Ali Khan, J.)