IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37500 of 2008 1. Sanjeev Kumar Jha, son of Viveka Nand Jha, 2. Viveka Nand Jha, son of Late Gopi Jha, 3. Indra Jha, wife of Viveka Nand Jha, 4. Sunil Kumar Jha, 5. Sonu Kumar Jha @ Sudhir Kumar Jha, both sons of Viveka Nand Jha, village Sidhipatti Rajnagar, at present Sankat Mochan, PS Nagar Madhubani, Dist. Madhubani – petitioners. Vs. 1. The State of Bihar, 2. Rani Jha, Daughter of Vinod Jha, village Dhanauja, PS Benipatti, district Madhubani – opp. parties. 2 14.12.2009 By this application the petitioners have prayed for quashing of Madhubani (Town) PS Case No. 79/2008 lodged under section 498A of the Penal Code. Learned counsel for the petitioners submits that petitioner no.2, who is father-in-law of the victim lady, has filed an informatory petition on 18.4.2007 stating therein that the victim lady had left her husband’s house on 26.6.2006 deserting him. Again on 4.1.2008 another petition was filed before the Chief Judicial Magistrate, Madhubani repeating the same statement. On 19.3.2008 the husband has filed a petition for divorce on the ground of desertion. The present F.I.R. was lodged on 31.8.2008. On the basis of the aforesaid facts when investigation is not yet complete, this court cannot exercise its power under section 482 of the Code of Criminal Procedure to quash the F.I.R. This application is dismissed. haque (Sheema Ali Khan, J.)