Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9358 of 2010 ====================================================== Md.Usman , son of Late Md.Jago, resident of Mohalla- Ganjla, Ward No.- 19, Police Station- Saharsa, Distt.- Saharsa .... .... Petitioner/s Versus 1. The State Of Bihar 2. Latima Khatoon W/O Md.Usman, resident of Mohalla- Ganjla, Ward No.19, near Dr. Rehan’s Clinic, District-Saharsa .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------------ 5 27-08-2012 Heard Mr. Nafisuzzoha, learned counsel for the petitioner, Mr. Md. Mustaque Alam, learned Addl. Public Prosecutor and Sri Krishna Prasad Singh, learned Senior Counsel appearing on behalf of Opp.Party no.2. The sole petitioner, who is husband of Opp.Party no.2, has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 23.11.2009 passed by learned Judicial Magistrate, 1st Class, Saharsa in Complaint Case No.1358C of 2009. By the said order, the learned Magistrate has taken cognizance of offence under [STATUTE] . Learned counsel for the petitioner besides assailing the order of cognizance, submits that the petitioner is ready to keep Patna High Court Cr.Misc. No.9358 of 2010 (5) dt.27-08-2012 2 / 2 2 Opp.Party no.2 with all dignity as his wife. I have examined the materials available on record. Prima facie, I do not find any defect in the order of cognizance and, as such, it would not be appropriate for this Court to interfere with the order of cognizance. However, at the time of hearing, since a stand was taken by learned counsel for the petitioner that the petitioner is ready to settle the dispute, the Court expects that if both the parties file a compromise petition, in that event learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law without any delay. With above observation, the petition stands disposed of. NKS/- (Rakesh Kumar, 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.