IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9064 of 2008 1. OM PRAKASH PANDIT 2. MANOJ PANDIT @ MANOJ KUMAR 3. RAM PRAVESH PANDIT ALL SONS OF SRI FEKAN PANDIT, RESIDENT OF VILLAGE TERASI, P.S. GOPALPUR, DISTRICT BHAGALPUR. ----- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. SHABNAM DEVI, WIFE OF MANOJ KUMAR PANDIT, DAUGHTER OF HARI MOHAN PANDIT, RESIDENT OF VILLAGE TERASI, P.S. GOPALPUR, DISTRICT BHAGALPUR, AT PRESENT RESIDENT OF VILLAGE CHANDPUR, P.S. FALKA, DISTRICT KATIHAR. ----- OPPOSITE PARTIES ----------- 2 22.2.2010 This application has been filed for quashing of the entire criminal proceeding as well as order taking cognizance dated 27.8.2007 against the petitioners under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act arising out of Complaint Case No. 1483 of 2007 pending in the Court of Subdivisional Judicial Magistrate, Katihar. Learned counsel for the petitioners submits that the order of cognizance is bad with respect to the fact that the lady is no longer living with petitioner no. 2 who is the husband after the some sort of compromise in this case. It appears that the petitioner no. 2 and his family members used to assault the complainant for which there was a Panchayati. After the Panchayati she began to live in her own home and thereafter she has filed this complaint case. It is submitted that there is no specific allegation against petitioner nos. 1 and 3, however, I find in the complaint petition the wife of petitioner no. 1 has participated actively in assaulting the complainant. Counsel for the petitioners further submits that the entire allegations are false and fabricated. 2 I am not inclined to interfere at this stage of the case. Petitioners may raise all these issues at the relevant time of the case. This application is dismissed. Sanjay (Sheema Ali Khan, J.)