IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27380 of 2009 Hari Shankar Paswan Versus State Of Bihar ------ For the petitioner: Mr Ajay Kumar Thakur, Advocate For the State: Mr Mukesh Kumar Singh, Add. P. P. ------- 2 18.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner has preferred this petition under section 482 of the Cr. P.C for quashing the order dated 9.2.2009 passed by the Chief Judicial Magistrate, Samastipur in Samastipur Town P.S. case no. 578/2008 corresponding to Trial no. 2771/2009 by which and whereunder he took cognizance for the offences under sections 498A, 323/34 of the IPC and 3/ 4 of the D.P. Act against the petitioner. The brief fact of the case is that one Madhumita Kumari, informant of Samastipur Town P.S. case no. 578/2008, filed complaint case bearing Complaint case no. 1236/2008 against the petitioner and others and the aforesaid complaint petition was converted into Samastipur Town P.S. case no. 578/2008 and accordingly, formal first information report was registered for the offences under sections 498A, 316,379,323 of the IPC. The police after due investigation submitted charge sheet against the petitioner whereas investigation against rest accused was kept pending. The learned Chief Judicial Magistrate, Samastipur, having perused the police report as well as case diary passed the impugned order in the manner as stated above. Learned counsel for the petitioner submits that no doubt, - 2 - petitioner is husband of the informant but prior to filing of the above stated complaint case, petitioner had filed matrimonial case bearing Matrimonial suit no. 58/2008 for restitution of conjugal right and in the aforesaid matrimonial suit, notice was served upon the informant through gazette publication. It is contended by him that after getting knowledge of the filing of the matrimonial suit, complainant filed the present case and subsequently, she, too, filed divorce suit against the petitioner and, therefore, continuance of proceeding of the present case is noting but only an abuse of process of the law. I am not in agreement with the above stated submissions because mere filing of matrimonial suit is not a ground to quash the entire proceedings and order of cognizance of a criminal case. Therefore, in my view, this petition does not have any merit and it must be dismissed on admission stage itself. Accordingly, this petition stands dismissed at the admission stage itself. However, the petitioner may raise all the above stated points before the learned trial court at the time of framing of the charge and the learned trial court shall decide all the aforesaid points with an independent mind without being prejudiced by the observation of this court given in this order. Let this order be communicated to the court of Chief Judicial Magistrate, Samastipur in Samastipur Town P.S. case no. 578/2008 corresponding to Trial no 2771/2009. Shahid ( Hemant Kumar Srivastava,J)