Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13567 of 2010 ====================================================== Md. Zahid Imam , Son of Md. Serajuddin, resident of Village- Haveli Kharagpur ( Roshan Tola), P.O.+ P.S.- Haveli Kharagpur, District-Munger .... .... Petitioner/s Versus 1. The State Of Bihar 2. Khalida Parvin W/O Zahid Imam, Sakin Village- Suturkhana Salimpur, P.S. Bakdih Munger , at present, Mohalla- Bhaisasur, P.S. Laheri, District-Nalanda .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ---------------- 3 19-06-2012 Heard Sri Anil Kumar Verma, learned counsel for the petitioner, Sri Arun Kumar, learned Addl. Public Prosecutor and Sri Anil Chandra, learned counsel, who has appeared on behalf of the complainant/Opp.Party no.2. The sole petitioner, who was husband of Opp.Party no.2, has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, for quashing of an order dated 25.10.2007 passed in Complaint Case No.875 C of 2007, whereby the learned Sub Divisional Judicial Magistrate, Biharsharif has taken cognizance of offence under [STATUTE] and Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that subsequent to order of cognizance, by mutual consent, divorce in Patna High Court Cr.Misc. No.13567 of 2010 (3) dt.19-06-2012 2 / 2 2 between the parties has already taken place. He has also referred to Annexure-3 to the petition. Be that as it may, the Court is not inclined to interfere with the order of cognizance. If so advised, the petitioner may raise all the pleas, which have been raised in the present petition, at the appropriate stage. The Court expects that if such petition is filed by the petitioner, learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law. 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.