IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38005 of 2008 Madhusudan Prasad Shahi, son of Late Sitaram Prasad Shahi, village Sukhpur, District Supaul – Petitioner. Vs. 1) The State of bihar, 2) Madhulika Devi, daughter of Shri Rana Pratap Singh, village Patori, PS Bihra, District Saharsa – Opp. Parties. 2 5.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner, who is the husband, has filed this application for quashing the order, dated 4.7.2007 passed by the Subdivisional Judicial Magistrate, Saharsa in Complaint Case No. 342C/2007 whereby cognizance for the offence under sections 498A/34 of the Penal Code has been taken. The marriage of the petitioner and opposite party no.2 took place on16.6.1998. Learned counsel for the petitioner submits that after a gap of ten years this case has been filed alleging cruelty. It is further submitted that the petitioner has filed a case for restitution of conjugal rights and notices were issued to the opposite party no.2. The opposite party no. 2 did not appear despite the fact that notices were issued under all processes under the law. The complaint case has apparently been filed after issuance of the notice and till today opposite party has not appeared in the suit for restitution of conjugal rights. This court finds that there is no reason to interfere with the order taking cognizance. The court below, however, before the stage of framing of charge should make an attempt to reconcile the 2 differences between the husband and wife considering the long ten years of their marriage. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)