ORAL ORDER This is an application for quashing the order dated 07.11.2009 passed by the learned Sub-divisional Judicial Magistrate, Bhagalpur in Mojahidpur (Ishak Chak) P. S. Case No.101 of 2004 under Sections 498A, 323, 504, 506, 120B of the I.P.C. and under Section 3/ 4 of the D. P. Act. 2. Heard learned counsel for the petitioners and learned counsel for the state. 3. Torture is for demand of dowry against petitioners also including husband of the complainant. Submission of learned counsel for the petitioners is that differences in between wife and husband as they were casting suspicion on character of each other cropped up, so complainant preferred to remain with her parents. A matrimonial case filed on behalf of the husband, which is decreed and judicial separation is recorded. On the other hand maintenance is filed on behalf of the wife. Annexure-2 of supplementary affidavit is judgment dated 12.01.2007 by the Principal Judge, Family Court, Bhagalpur. Annexure-3 is order dated 21.9.2010 in M. A. No.687 of 2009 by a Division Bench of this Court allowing maintenance to the complainant. So, in my view for the difference in between wife and husband liability under Section 498A of the I.P.C. cannot be extended against petitioners who are Nanad, Nandosi and younger brothers of the husband. 4. Accordingly, this quashing application is allowed and impugned order dated 07.11.2009 passed in Mojahidpur (Ishak Chak) P. S. Case No.101 of 2004 along with the whole prosecution against the petitioners is hereby quashed.