Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31146 of 2011 ====================================================== 1. Sunil Kumar Patel, S/O Not Known R/O Goregaon,East Satguru Chaal, Film City Road, Mumbai-400063, Maharastra 2. Upendra Kumar Patel, S/O Not Known R/O Goregaon,East Satguru Chaal, Film City Road, Mumbai-400063, Maharastra 3. Raj Kumari Devi, Daughter Of Ganesh Prasad, R/O Mutharih, P.S.- Harnaut, Distt-Patna 4. Sudha Devi, Daughter Of Ganesh Prasad, R/O Parshdiha, P.S.- Nagarnausha, P.O.-Pasardiha, Distt-Nalanda 5. Ram Payari Devi, W/O Ganesh Prasad, R/O Vill-Parsdiha, P.S.- Nagarnausa, Distt-Nalanda At Present , R/O Devendra Pd. Ke Makan Men- Mohalla-New Chndpur Bela, P.O.-G.P.O., P.S.-Jakanpur, Distt-Patna 6. Mukesh Kumar, S/O Ganesh Prasad, R/O Vill-Parsdiha, P.S.- Nagarnausa, Distt-Nalanda At Present , R/O Devendra Pd. Ke Makan Men- Mohalla-New Chndpur Bela, P.O.-G.P.O., P.S.-Jakanpur, Distt-Patna 7. Ram Ratan Kumar @Nitish Kumar, R/O Vill-Parsdiha, P.S. Nagarnausa, district- Nalanda, at present Devendra Pd. Ke Mekan Men, Kirayadar, New Chandpur bela, P.S. Jakkanpur, Dsitrict- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Rishi Prasad , S/O Shri Bulkan Singh R/O Vill-Sunka, P.S.-Chandi, Distt-Nalanda, At Present Nagar Nigam Colony, South Purvendu Nagar, Near Shiv Mandir, P.S.-Phulwarisharif, Distt-Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Sinha, Advocate. For the Opposite Party no.2: Mr. Rajendra Kumar Jain, Advocate. For the State : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 11-05-2012 Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the opposite party no.2. This application has been filed for quashing the order dated 28.6.2010 passed by the Sub Divisional Judicial Patna High Court Cr.Misc. No.31146 of 2011 (2) dt.11-05-2012 2 / 3 2 Magistrate, Patna in Complaint Case No.2115(C) of 2009 by which he has taken cognizance against the petitioners under [STATUTE] and ¾ of the Dowry Prohibition Act. According to the complaint petition there is demand of money and there is allegation of torture but during pendency of trial good sense has prevailed between the parties with the help of friends and relatives and they have entered into compromise and they have settled the dispute outside the Court. A compromise petition was filed before the court below stating the fact that they have settled their dispute and have entered into compromise and as such the compromise petition may be accepted. It appears that the offences are non-compoundable. This Court under the power of Section 482 of the Code of Criminal Procedure feels that it is an abuse of the process of the court if the compromise petition is not accepted as the parties have settled the dispute outside the court. Accordingly the order of cognizance dated 28.6.2010 passed by the Sub Divisional Judicial Magistrate, Patna High Court Cr.Misc. No.31146 of 2011 (2) dt.11-05-2012 3 / 3 3 Patna in Complaint Case No.2115(C) of 2009 against the above named petitioners is quashed and this application is allowed. Vinay/- (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.