IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9212 of 2008 1. GITANJALI DEVI @ GITA @ GITA DEVI 2. RAVISH KISHORE 3. MANISH KISHORE Versus 1. STATE OF BIHAR 2. SUPRIYA DEVI ----------- 3 21.04.2010. Heard the petitioners. No one appears for Opp.party no.2 in spite of valid service of notice. Petitioners have filed the instant petition for quashing order taking cognizance dated 18.1.2007, passed by the Sub Divisional Judicial Magistrate, Khagaria in complaint case no. 326C of 2006 under section 498A I.P.C. and section 4 of the Dowry Prohibition Act. The petitioners submit that the marriage of Opp.party no. 2 was performed with petitioner no.3 on 29.4.2005. After 10-15 days of marriage, she went to her Paternal home. As she did not return to matrimonial home, petitioner no.3 filed Matrimonial suit on 9.9.2005 for restitution of conjugal right. In the meantime, complainant on 28.4.2006 filed a divorce suit under section 13 (2) of the Hindu Marriage Act for dissolution of marriage with mutual consent. Learned counsel for the petitioners submits that in the divorce suit a petition was filed that both the parties have resolved to withdraw all the cases. Counsel for the Opp.party no.2 has not withdrawn the case. It appears that the parties have taken divorce by mutual consent. It further appears that they have filed a petition for - 2 - withdrawal of the complaint case. In the circumstance, this Court observes that the trial court will dispose of the instant complaint case no. 326C/2006, preferably within a period of ten weeks from the date of receipt of a copy of this order in terms of compromise arrived at between the parties. It would be open to the petitioners to file annexure 5 before the learned court below for early disposal of the case. Shashi. (Samarendra Pratap Singh,J.)