IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36267 of 2009 1. Rita Kumari, wife of Arun Kumar 2. Arun Kumar, son of Late Sacchitanand Jaiswal and 3. Ritesh Kumar, son of Arun Kumar Versus 1. STATE OF BIHAR & 2. Mamta Rani, wife of Ritesh Kumar ----------- 2/- 26.10.2010 Heard learned Counsel for the parties. Supplementary affidavit is being filed today in court, which may be kept on record. The petitioners seek quashing of the order dated 26.11.2008, by which Sub-Divisional Judicial Magistrate, Begusarai has taken cognizance for offences under section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act in complaint case no. 1449( C) of 2008. The counsel for the opposite party no 2 appeared and supports the contention of the petitioners that they have compromised the matter, and therefore, the continuance of the proceeding will be an abuse of the process of the court. The opposite party no.2 is anxious that the divorce suit ( Marriage Petition No. 479 of 2008 filed at Pune) be withdrawn first before the present proceeding is 2 quashed. In my view, this is a reasonable anxiety, and therefore, if, divorce suit (Marriage Petition No. 479 of 2008) pending at Pune is withdrawn, further proceedings in complaint case no. 1449 (C ) 2008, pending before Sub- Divisional Magistrate shall stand quashed. The Application is allowed with the aforesaid observation. Ashwini/- ( Anjana Prakash, J. )