JUDGMENT : In this petition, the petitioners have prayed for quashing the order taking cognizance dated 29th September, 2003, whereby learned Sub Divisional Judicial Magistrate, Garhwa has taken cognizance of the offences under Sections 498A, 323 and 379 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. The main ground on which the impugned order has been challenged is two fold; one that the allegations made in the complaint do not constitute the offence of which the cognizance has been taken by the learned Judicial Magistrate and another, that the suit filed by the Petitioner no.3 for divorce being Matrimonial Title Suit No.87 of 2003 has been decreed in his favour. Notice was issued to the Opposite Party No.2 (wife). She has appeared through her counsel. I have heard learned counsel for the parties. Learned counsel for the petitioners supported the grounds taken in the petition and submitted that in view of the decree of divorce in matrimonial suit, the order taking cognizance as also the criminal proceeding against the petitioners are abuse of the process of the Court. Learned counsel, however, submitted that the decree of divorce was passed ex parte which has been subsequently set aside and the suit has been restored for hearing and same is still pending. Learned counsel for the Opposite Party No.2 as also the learned A.P.P. opposed the petition and submitted that on bare reading of the allegations made in the complaint, it is clear that the offences for which the cognizance has been taken are clearly made out. Learned court below has taken into consideration the said allegations supported by solemn affirmation of the complainant and has found sufficient ground for taking cognizance of the aforesaid offences. There is, thus, no infirmity or illegality in the impugned order. I find substance in the submission of learned counsel for the Opposite Party No.2 supported by learned APP. On perusal of the record, I find that learned court below has found sufficient material on record for taking cognizance of the aforesaid penal offences. I find no illegality or infirmity in the impugned order. I, therefore, find no merit in this petition, which is, accordingly, dismissed.