D.K.SINHA, J. - (1.) THE petitioners in the present petition has prayed for quashing the order dated 13.1.2004 whereby cognizance of the offence was taken under Section 498A of the Indian Penal Code in C -1 Case No. 275 of 2003, pending in the court of Sri S.N. Tiwary, Judicial Magistrate, Jamshedpur and also for quashing the entire criminal prosecution.
(2.) PURSUANT to the direction of this Court, vide order dated 26.8.2004, registered notice with A/D was sent to the opposite party No. 2 and A/D has been received. Learned Counsels for the petitioners as well as opposite party No. 2 appeared in the Court on 6.3.2006 and with the consent of the parties the matter was referred to the Conciliator, Jharkhand State Legal Services Authority, for the effective Page 910 resolution of the dispute. Accordingly, the parties were directed to appear before the Conciliator on 23.3.2006.
(3.) THE Conciliator in his report dated 24.3.2006 communicated that attempts were made for settlement of their differences as husband and wife. Though the petitioner - husband expressed his willingness to keep his wife -opposite party No. 2 and all the three grown up children in full dignity and care as also to give his full salary to his wife -opposite party No. 2 but she expressed her desire to the said offer only if her missing brother since 1997 was brought back first by the husband -petitioner. But the husband expressed his having no hand in such kidnapping and still there was no criminal case. Due to the rigidity on the above stand, the conciliator reported that attempt for conciliation failed at the instance of opposite party No. 2.;