IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17857 of 1998 1. SK. BECHU MIAN, son of Late Habibullah 2. Phool Bano, Wife of Sk. Bechu Mian 3. Noor Said Alam, son of Sk. Bechu Mian, all residents of village- Gajiapur, Police Station- Ander, District Siwan ...........petitioners Versus 1. THE STATE OF BIHAR 2. Shamsul Haque, Son of Sk. Paltu Mian, resident of village- Tetaria, Police Station- Husainganj, district Siwan ........Opposite Parties ----------- 7 19-3-2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the complainant/ Opposite Party No.2. The petitioners have challenged the order of cognizance dated 17-3-1998 passed by learned Subdivisional Judicial Magistrate, Siwan in Complaint case no. 1071/1997 in respect of an offence u/s 498A of the IPC and also they have prayed for quashing the entire criminal proceeding. It has been submitted by learned counsel for the petitioners that husband of daughter of the complainant had in fact divorced his wife prior to lodging of the complaint petition and, therefore, no offence u/s 498A of the IPC can be made out. The next submission is that the allegations against the petitioners, who are father-in-law, mother-in-law and Devar of the alleged victim are in general and vague terms. The defence of accused that the husband of daughter of complainant has in fact divorced his wife prior to lodging of the complaint case remains to be enquired and proved during the trial. In a case of torture for dowry, the allegations against family 2 members cannot always be very specific like in a case of one time occurrence of assault or murder etc. Here the threat and allegation of assault is against all the family members including the petitioners. On the grounds urged above, it will not be in the interest of justice to quash this criminal case. Hence, this application is dismissed. Since it is an old case hence, learned Magistrate will expedite the proceedings and conclude the case without any delay. BKS/- (Shiva Kirti Singh, J.)