Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4184 of 2011 ====================================================== 1. Manoj Kumar Gupta S/O Sri Binay Kumar Gupta, 2. Shilpa Devi wife of Sri Manuj Kumar Gupta, Both resident of Mohalla- Vishnn-Kunj, Saurangpur, Lalu Path, P.S.- Ram Krishna Nagar, District- Patna, At Presently Residing At II/140, Yamuna Vihar Residential Colony Draupadi Ghat, P.C.D.A. (Pensions, Allahabad, U.P.) .... .... Petitioner/s Versus 1. The State Of Bihar 2. Richa Sonal D/O Sri Suresh Prasad, Resident Of Mohalla- Imlitar, Arya Samaj Mandir, P.S.- Danapur, District- Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kr. Sinha, Adv. For the Opposite Party/s : Mr. Sujeet Kr. Gupta, Adv. For the State : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 6 05-11-2012 Heard learned counsel for petitioners, learned counsel for the O.P. No. 2 and learned counsel for the State. The court below has taken cognizance vide order dated 26th March 2010 in connection with Ram Krishna Nagar P.S. Case No. 05/2010, G.R. 291/2010 for offences under [STATUTE] and 3/4 of Dowry Prohibition Act. This Court is not dealing the case on merit as it appears from the counter affidavit that the parties have settled their dispute at the instance of the Mediation Centre, Patna and it has been agreed between the parties that petitioner side i.e. husband side would pay Rs. 4,50,000/- to the O.P. No. 2. Patna High Court Cr.Misc. No.4184 of 2011 (6) dt.05-11-2012 2/3 According to the terms of agreement, the husband was required to pay as a first instalment Rs. 2,00,000/- by way of Bank Draft at the first motion on or before 15th September 2012. In second motion the payment of Rs. 2,00,000/- by way of draft or cash to be given on or before 15/3/2013 and it has been agreed by the parties shall withdraw all the cases under [STATUTE] and section 3/ 4 of Dowry Prohibition Act before 19.1.2012 after receipt of Rs. 50,000/- from the petitioner side. It also appears that cases and counter cases are pending before different courts which are as follows:- (i) Case No. 33 of 2011 pending in the court of learned Principal Judge Family Court, Patna. (ii) Trial NO. 1846 of 2011 pending in the court of learned Sub-Divisional Judicial Magistrate, Gaya. (iii) G.R. No. 291/2010 pending in the court of learned Sub-Divisional Judicial Magistrate, Patna. It has been agreed by the parties that they shall withdraw all the cases on the date fixed as per the terms of settlement. Patna High Court Cr.Misc. No.4184 of 2011 (6) dt.05-11-2012 3/3 In view of the situation, now there is no disptue pending against each other, as it requires implementation of settlement between the parties. The counsel for the petitioner submits that petitioners as per the agreement have already deposited Rs. 2,00,000/- vide Demand Draft No. 006458 dated 12.9.2012 in the name of Richa Sonal, Danapur and the same is lying before the Additional Principal Judge, Patna. In view of the agreement, the court below is directed to release the said draft in favour of the O.P. No. 2. At the same time it is directed that the O.P. No. 2 will also act as per the agreement between the parties withdrawing all cases filed on her behalf. In failure to pay rest amount by the petitioner i.e. husband side all the cases will automatically revive without any further interference of this Court. Accordingly, this petition is disposed of. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.