SANTOSH KUMAR Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) By the Court. The application has been filed for quashing of the order dated 5.1.2006 passed by the Sub-divisional Judicial Magistrate, Sasaram in Complaint Case No. 836/05 thereby cognizance under Section 498-A of the Indian Penal Code has been taken against the petitioner and other family members.

(2.) Heard learned counsel for the petitioners as well as opposite party No. 2.

(3.) The petitioner is the husband of opposite party No. 2. It appears that three cases were filed by the parties against each other. The petitioner filed Matrimonial Case No. 42/05 under Section 9 of Hindu Marriage Act and thereafter opposite party No. 2 filed two cases: one Matrimonial Case No. 2/05 under Section 125 of the Code of Criminal Procedure and the present criminal case bearing Complaint Case No. 836/05. However, later on both of them came to terms and compromised all three cases. Except this, other two cases i. e. Matrimonial Case Nos. 42/05 and 2/05 have already been disposed of in terms of compromise. However, learned Sub-divisional Judicial Magistrate did not take notice of compromise. Therefore, this petition has been filed for quashing of cognizance order.