IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43927 of 2008 1. AMIT KUMAR @ RAJU, son of Sheo Prasad Singh 2. Santosh Kumar, son of Sheo Prasad Singh 3. Sheo Prasad Singh, son of late Raghunandan Singh 4. Dayawanti Devi, wife of Sheo Prasad Singh Petitioners Versus 1. STATE OF BIHAR & 2. Menka Kumari, daughter of Birendra Singh Opp. Parties ----------- 6/- 28.10.2010 Heard learned counsel for the parties The petitioners have initially prayed for quashing of Masaurhi Police Station Case No. 70 of 2007, which was instituted for the offence under section 376/34 and 498A/34 of the Indian Penal Code. The prayer was modified subsequently and it was prayed that the order dated 10.09.2007, by which the cognizance was taken be quashed. By an order dated 02.04.2010, the opposite party no. 2 was noticed, thereafter she has appeared through a validly executed vakalatnama. The petitioners have sought quashing on the ground that since there was no valid marriage, no offence under section 498A of the Indian Penal Code is made out against the accused persons. The further submission is that since the cohabitation was with consent, no offence under section 2 376/34 of the Indian Penal Code is made out. Counsel for the opposite party no. 2 disputed these contentions. In my view, since quashing of cognizance has sought on disputed questions of fact, this Court is not inclined to interfere in the matter. The application is dismissed. However, the observations made in Cr. Misc. 18012 of 2010, with regard to amalgamation of all the cases shall stand to have been passed in the present case as well. Ashwini/- ( Anjana Prakash, J.)