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Harendra Rai And Ors vs The State Of Bihar And Ors on 29 March, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 9883 of 2012

1. Harendra Rai Son of Sri Bijuli Rai.

2. Bijuli Rai son of Dularchand Rai (deleted vide order dated 26.11.2018)

3. Saraswati Devi wife of Bijuli Rai. All resident of Village- Jalalpur, P.O.

Bishupura, P.S. Sidhwalia, District- Gopalganj.

… … Petitioner/s
Versus

1. The State of Bihar.

2. Anita Rai Wife of Harendra Rai Resident of Village- Jalalpur, P.O.

Bishupura, P.S. Sidhwalia, District- Gopalganj.

3. Commanding Officer, INS Nireekshak, C/o FMO Naval Base Kochi, Kerala.

4. Commissioner of Police/Sr. Superintendent of Police/Superintendent of

Police, Kochi, Kerala.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate
For the Opposite Party/s : Mrs. Rani Kumari, Advocate
For the State : Mr. Jharkhandi Upadhyay, A.P.P.

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT

Date : 29-03-2019

Heard learned counsel for the petitioners and learned

A.P.P. for the State.

2. The petitioners have moved the Court under Section

482 of the Code of Criminal Procedure, 1973 for the following

relief:

Patna High Court CR. MISC. No.9883 of 2012 dt.29-03-2019
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“That, this is an application for quashing
the order dated 24.02.2010 passed by learned Sub
Divisional Judicial Magistrate, Patna in Complaint
Case No. 450(C) of 2009 filed for offence
punishable under Section 498, 323, 324, 406 of
Indian Penal Code and Section 3/4 of Dowry
Prohibition Act but the cognizance has been taken
under section 498A of the Indian Penal Code and
section 4 of Dowry Prohibition Act against the
petitioners.”

3. During the pendency of the application, petitioner no.

2 having died, his name has been expunged.

4. The opposite party no. 2 has filed the complaint case

alleging torture for dowry against the petitioner no. 1, who is the

husband and in-laws.

5. At the very outset, learned counsel for the petitioners

drew the attention of the Court to order dated 26.03.2019, in

which it has been recorded that there was an offer of Rs. 10 lakhs

from the side of the petitioners for one time settlement to be paid

to the opposite party no. 2. However, at that time, learned counsel

for the opposite party no. 2 had no instructions. Today, learned

counsel for the opposite party no. 2, upon instructions submitted

that she is agreeable to one time settlement for Rs. 15 lakhs.

6. On such stand, learned counsel for the petitioners

submitted they are ready to pay the amount.

7. On a query of the Court to learned counsel for the

opposite party no. 2 as to whether she is agreeable to the
Patna High Court CR. MISC. No.9883 of 2012 dt.29-03-2019
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complaint case as well as maintenance case filed by her before the

Additional Principal Judge, Family Court, Patna to be closed, she

took a categorical stand that all cases filed by her shall not be

pressed and that she would have no grievance against the

petitioners. It was further submitted that the parties would file for

mutual divorce before the Additional Principal Judge, Family

Court, Patna.

8. Having regard to the aforesaid, the Court finds that all

pending matters between the parties need to be finally concluded

so that they are free in future to lead their lives independently, for

which a decree of divorce is also required.

9. Accordingly, the application is disposed off in the

following terms.

10. The entire criminal proceeding arising out of

Complaint Case No. 450(C) of 2009, pending before the Court

below at Patna, including the order dated 24.02.2010, by which

cognizance has been taken, stands quashed.

11. Further, the proceeding before the Additional

Principal Judge, Family Court, Patna being Maintenance Case No.

246M of 2012, shall remain stayed till the opposite party no. 2

files petition for withdrawal of the same.
Patna High Court CR. MISC. No.9883 of 2012 dt.29-03-2019
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12. The petitioners have undertaken before the Court

that they shall pay the amount of Rs. 15 lakhs in favour of the

opposite party no. 2, latest by 15th July, 2019. Upon doing so, the

opposite party no. 2 shall file a petition, within 15 days thereafter,

for withdrawal of the Maintenance Case No. 246M of 2012,

before the Court concerned. Upon the same being filed, the Court

concerned shall pass appropriate orders disposing off the matter.

Further, upon the amount being paid, within 15 days of the same,

the petitioner no. 1 and opposite party no. 2, shall file a joint

petition seeking mutual divorce before the Principal Judge, Family

Court, Patna. Upon doing so, the Court shall not insist for the

minimum required waiting period and shall proceed to pass orders

in terms of the compromise arrived at between the parties and

recorded in this order.

13. If the petitioners fail to pay an amount of Rs. 15

lakhs to the opposite party no. 2 by 15 th July, 2019, the present

order shall automatically stand recalled and the present application

shall be deemed to have been dismissed.

14. On the other hand, if the opposite party no. 2, does

not file a petition for withdrawal of the Maintenance Case filed by

her and also does not file a joint petition for mutual divorce within

the time stipulated, the petitioners shall be at liberty to file an
Patna High Court CR. MISC. No.9883 of 2012 dt.29-03-2019
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appropriate application before this Court for passing orders, as

may be deemed necessary.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR
U
T

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