IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25340 of 2001 MADHURENDRA KUMAR VERMA & ORS Versus STATE OF BIHAR & ANR ----------- 3/ 3.9.2010 Heard Shri Mahesh Narayan Parbat, learned counsel for the petitioners and Shri Dashrath Mehta, APP for the State. However none has appeared on behalf of the Opposite party no. 2, the complainant of Complaint Case no. 1736 C of 1999. Without detailing the facts of the case in the present order, suffice it to mention that the complainant was married to petitioner no. 2 Manoj Kumar Verma, admittedly, on 30.5.1996. The lady was residing in the house of the accused persons and as per her allegations, she was ill treated by the accused persons for not getting rupees fifty thousand as demanded by them. Initially there was a complaint with the police, which was reported not true after due investigation. Thereafter, the complaint petition was filed. The learned magistrate by his order dated 12.1.2000 summoned the petitioners after holding an enquiry in the truthfulness of the allegations made in the complaint petition and directed the petitioners to appear before him for trial as they appeared, prima facie, committing offence under section 498A of the IPC and sections 3 and 4 of the Dowry Prohibition Act. The subsequent development appears the filing of divorce case no. 54 of 2003 by petitioner Manoj Kumar Verma on various grounds seeking a decree of dissolving the marriage of the petitioner 2 no. 2 to the complainant. That petition appears succeeding and a decree of dissolving the marriage of the two was passed on 23.6.2007. Copies of the judgment and decree signed on 11.7.2007 were produced before me during the course of present hearing. After passing of the decree dissolving the marriage of the complainant to the petitioner no. 2 Manoj Kumar Verma, the whole prosecution, which was initiated on the above noted complaint petition appears to me a complete abuse of the process of the court. The same is quashed and the petition is allowed. Let the copy of the judgment and decree passed in Divorce Case no. 54 of 2003 be kept on record. Anil/ ( Dharnidhar Jha, J.)