IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47698 of 2006 MUNNA RAWAT & ORS Versus STATE OF BIHAR & ORS ----------- 9 18-08-2008 Heard the learned counsel for the petitioner as also the learned A.P.P. for the State and learned counsel for Opp.Party No.2. The petitioners who have been made to figure as accused in Complaint Case No.380C of 2006 happen to be the husband and relatives of the husband of the complainant who has been impleaded as Opp.Party No.2 herein. The petitioners have prayed for the quashing of the order dated 26.9.2006 passed therein by the learned Sub Divisional Judicial Magistrate, Jamui, whereby he has taken cognizance against petitioners under Sections 323 and 498A I.P.C. as also 3 / 4 of the Dowry Prohibition Act. Initially, attempts were made by this Court as also learned counsels for the parties to arrive at an amicable settlement, so that the marriage between them could survive, but unfortunately the husband has been biding his time and on the pretext of compromise in the matter has been taking time ever since 24.4.2007 and now after almost sixteen months story of arriving at compromise is sought to be repeated again. It has been submitted that the husband and wife are living in peaceful cordiality in Surat and that all disputes and differences between them have been settled. 2 This fact is sought to be opposed by the learned counsel for Opp.Party no.2 who has submitted that it is not a fact that the husband and wife are living together. It is again reiterated by the learned counsel for the petitioners that the matter has been compromised and the compromise petition will be affidavited very soon and another adjournment has been sought. I am not impressed by the submissions advanced by the learned counsel for the petitioners due regard being had to the conduct of the petitioners and instead I am of the view that in the event a compromise is really arrived at between the parties, they shall appear and move before the court below with the compromise petition and pray for appropriate orders and in that case the court below, due regard being had to the fact that differences and disputes between the parties have been amicably settled, on due proof , will dispose of the application/ compromise petition in accordance with law. With the aforesaid observations, this application is disposed of. ( Abhijit Sinha, J) NKS/-