IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18196 of 1998 1. DHARMENDRA KUMAR SINGH S/O NAGESHWAR SINGH 2. NAGESHWAR SINGH S/O LATE RAM ISHWAR SINGH 3. SUNAINA DEVI W/O NAGESHWAR SINGH 4. RANI SINGH D/O NAGESHWAR SINGH----ALL ABOVE DESCRIBED IN THE COMPLAINT PETITION R/O VILLAGE-KHOPI, P.N. JANDAHA, DISTT. VAISHALI THOUGH RESIDING AT 21/22, ATENDRA MUKHERJEE LANE, P.S.SHIVPUR, DISTT.HOWRAH. 5. ARTI DEVI W/O KRISHNA KUMAR SINGH DESCRIBED IN THE COMPLAINT PETITION AS RESIDENT OF RAJPUR COLONY, PASWAN CHOWK, P.S.INDUSTRIAL AREA, DISTT.VAISHALI, RESIDING AFTER MARRIAGE AT ASALPUR, P.S. MAHADINAGAR, DISTT-SAMASTIPUR……………………………………….PETITIONERS Versus 1. STATE OF BIHAR 2. SMT. CHANDA DEVI W/O DHARMENDRA KUMAR SINGH D/O SUKUL SINGH R/O CHHOTI MARAI P.S. INDUSTRIAL AREA, HAJIPUR, DISTT-VAISHALI, ……………………………..OPP. PARTIES. ----------- 7. 26-Mar-2010 Heard learned counsel for the petitioners and learned counsel for the State. Although the name of learned counsel for the complainant, O.P. No.2, appears in the daily cause list, nobody has appeared to press this application. 2. It has been submitted on behalf of the petitioners that the criminal case in question which the petitioners want to be quashed is under Section 498A and other Sections of the IPC lodged by the complainant who is wife of petitioner no.1. 3. It has further been submitted that since 2 about 2003 the parties are living together peacefully and they have settled all their differences and hence it would be in the interest of justice that this criminal case be quashed and the husband and wife be allowed to live amicably in peace. In support of the aforesaid submission reliance has been placed upon the averments made in I.A. No. 657 of 2010 which has been filed on 23rd of March, 2010 but as appears from the affidavit, the statements were made in December, 2003. 4. In the facts and circumstances of the case and particularly in view of the aforesaid submission, this application is disposed of with a direction to the court below to give an opportunity to both the parties so that if they have compromised their differences they may file compromise petition. If compromise petition on behalf of husband and wife is filed, in that event, the entire criminal proceeding of Complaint Case No. 170/1998 pending before Judicial Magistrate, 1st Class, Hajipur shall stand quashed. 5. If no such compromise petition is filed within three months from today, in that event, this application shall stand dismissed and the Magistrate shall 3 proceed to dispose of the case expeditiously in accordance with law. perwez (Shiva Kirti Singh, J.)