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2019 Supreme(Pat) 589
IN THE HIGH COURT OF JUDICATURE AT PATNA
BIRENDRA KUMAR, J.
Kamlesh Kumar – Petitioner
Versus
State of Bihar and Another – Respondents
Criminal Miscellaneous Nos. 24610, 26037 of 2016
Decided On : 09-08-2019
Advocate Appeared:
For the Petitioner: Mr. Ravinesh.
For the Respondents: Mr. Arun Kumar, Mr. Anusaiya Jaiswal.
For the Complainant : Mr. Manish Kumar, Mr. Rohit Kumar.
Headnote:
Indian Penal Code, 1860 – Sections 498A and 323 – Dowry Prohibition Act, 1961 – Section 4 – Criminal Procedure Code, 1973 – Sections 320 and 482 – Cruelty and hurt – Cognizance of offence – Compromise between parties – Husband has paid Rs.2,00,000/- as permanent alimony to OP-wife – Since parties have agreed that they do not want to go with criminal prosecution which arises out of matrimonial dispute, cognizance order under challenge quashed to prevent abuse of process of court – Parties have mutually agreed for divorce against each other – Their marriage shall be treated as dissolved from today, with payment of permanent alimony. (Paras 6 to 8)
JUDGMENT :
BIRENDRA KUMAR, J.
1. Heard learned counsel for the parties.
2. Both the aforesaid applications have been filed under Section 482 of the Code of Criminal Procedure, for quashing the order of cognizance dated 05.10.2013, passed by the learned Sub-Divisional Judicial Magistrate, Danapur, Patna in Complaint Case No. 917 of 2013.
3. The complaint case was brought by opposite party No. 2 against the petitioners for the offences under Sections 498A and 323 of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act.
4. Today, a joint compromise petition has been filed on behalf of petitioner, Kamlesh Kumar, who is the husband of opposite party No. 2 and opposite party No. 2, namely, Khusbu Kumari @ Pushpa Kumari.
5. Though the joint petition is not very detailed, however, it has been informed to the Court along with relevant papers that both the spouse had filed Matrimonial Case No. 1293 of 2015 in the court of learned Principal Judge, Family Court, Patna, under Section 13B of the Hindu Marriage Act and in that petition for divorce with mutual consent it is mentioned that the husband would pay Rs. 1,60,000/- (Rupees One Lac and Sixty Thousand) as permanent alimony. However, the permanent alimony was not paid and the Pairvy of the case was also left by the parties. Hence, petition under Section 13B of the Hindu Marriage Act was dismissed for default on 01.08.2018.
6. Thereafter, during hearing of these applications, the parties agreed that the husband would pay Rs. 2,00,000/- (Rupees Two Lacs) as permanent alimony. The said amount has been paid to opposite party No. 2 in open Court through Bank Draft. The details of the draft is mentioned in the joint petition.
7. Since the parties have agreed that they do not want to go with the criminal prosecution which arises out of matrimonial dispute, hence, the cognizance order under challenge stands quashed to prevent the abuse of process of the court and both these applications stand allowed, accordingly,
8. The parties have mutually agreed for divorce against each other. Hence, their marriage shall be treated as dissolved from today, with payment of permanent alimony.
