Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35123 of 2010 ====================================================== Sureshwari Rukhaiyar wife of Arun Chandra Rukhaiyar, resident of Quarter No.472/B D.H.W. Colony, Varanashi (U.P.) .... .... Petitioner Versus 1. State of Bihar 2. Nidhi Bachachan, D/o- Sri Ram Krishna Prasad, resident of Mohalla-Devasharam, R.K. Avenue, Nala Road, P.C. Kadamkuan, District-Patna .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4 16-05-2012 Heard Mr. Nakul Kumar Jamuar, learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Mr. Sabal Kumar Jha, learned counsel appearing on behalf of the complainant-opposite party No.2. This application has been filed for quashing the order 01.03.2008 whereby learned Sub-Divisional Judicial Magistrate, Patna has been pleased to take cognizance of the offence punishable under [STATUTE] and Section 3/4 of the Dowry Prohibition Act in a case arising from Complaint Case No.2640 of 2007. A counter affidavit has been filed on behalf of the opposite party No.2 in which it has been categorically stated by the complainant-opposite party No.2 that the matter has been compromised between the parties and that she is living peacefully with full dignity along with her husband i.e. son of the present Patna High Court Cr.Misc. No.35123 of 2010 (4) dt.16-05-2012 2 / 2 2 petitioner since last two years. It is further stated that she does not want to pursue the matter any further either against her husband or his family members. Regard being had to the counter affidavit filed on behalf of the opposite party-2 expressing in no uncertain terms that the dispute has been resolved and that the complaint does not wish to pursue the matter any further against the accused persons, this Court is of the opinion that the continuation of the proceedings in such circumstances would be an abuse of the process of the Court and that it shall be in the interest of justice that the entire proceedings arising from Complaint Case No. 2640 of 2007 including the order taking cognizance dated 01.03.2008 be quashed not only against the present petitioner but even against the other accused i.e. husband of the complainant-opposite party No.2 namely Sumit Raja, his father namely Arun Chandra Rukhaiyar and his sister namely Archana @ Rani. For the reasons aforesaid, this application is allowed. The entire proceedings in Complaint Case No.2640C of 2007 including the order taking cognizance dated 1.3.2008 is quashed and set aside. Bibhash/- (Jyoti Saran, 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.