Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9451 of 2010 ====================================================== 1. Manish Srivastava S/O Shri Awadhesh Srivastava R/O Siddhi Park, Plot No.- A/7, 2nd Floor, Navi Sagawi, Near Sai Chowk, Pune ( Maharastra ) 2. Shri Awadhesh Prasad Srivastava S/O Late Kailash Prasad Srivastava R/O Krishnapuri, Near Bhagwanpur Chowk, Muzaffarpur, Bihar 3. Shila Devi W/O Shri Awadhesh Prasad Srivastava R/O Krishnapuri, Near Bhagwanpur Chowk, Muzaffarpur, Bihar .... .... Petitioner/s Versus 1. The State Of Bihar 2. Shruti Sinha D/O Shri Rakesh Kumar R/O Gola Bandh Road, Town P.S. Distt.- Muzaffarpur .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.2801 of 2011 ====================================================== 1. Geeta Srivastava , wife of Shri Sunil Srivastava, resident of 8/5 Gulmohar Road, Windsor, Shipra Suncity, Indira Puram, Ghaziabad (U.P.) 2. Sunil Srivastava, son of Shri Awdhesh Srivastava, resident of 8/5 Gulmohar Road, Windsor, Shipra Suncity, Indira Puram, Ghaziabad (U.P.) 3. Ragini Ranjan, wife of Shri Rakesh Ranjan, resident of R.H.-21 Kunal Icon, Pimple Saudagar, Pune (Maharashtra) 4. Rakesh Ranjan, son of Shri Niranjan Prasad Sinha, resident of R.H.21, Kunal Icon, Pimple Saudagar, Pune (Maharashtra) .... .... Petitioner/s Versus 1.The State Of Bihar 2. Shruti Sinha, daughter of Shri Rakesh Kumar, resident of Gola Bandh Road, Town, P.S. and District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.9451 of 2010) For the Petitioner/s : Mr. Arun Kumar, Advocate. Mr. Bipin Kumar, Advocate. For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. Mr. Sunil Kumar Verma, Advocate. Mr. Suman Kumar Verma, Advocate. (In Cr.Misc. No.2801 of 2011) For the Petitioner/s : Mr. Mr. Arun Kumar, Advocate. Mr. Bipin Kumar, Advocate. For the Opposite Party/s : Mr. Mr. Arun Kumar Pandey, A.P.P. Mr. Sunil Kumar Verma, Advocate. Mr. Suman Kumar Verma, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER Patna High Court Cr.Misc. No.9451 of 2010 (10) dt.04-07-2012 2 / 3 2 10 04-07-2012 This Court heard this case on 2nd July 2012 and kept the case for passing the order but the order could not have been passed. In the mean time, counsel for petitioner mentioned before this Court some errors which have crept in the order. To-day the case was listed under the heading “To be Mention” for clarification. This Court is passing the order in the following terms: Cr.Misc.No. 9451 of 2010 filed by Manish Srivastava was sent to Mediation Centre, High Court, Patna to find out the ways and means for sorting out the differences between the parties. Subsequently, Cr.Misc. No. 2801 of 2011 filed by Geeta Srivastava was also tagged with the aforesaid case. During the mediation, parties have entered into a compromise which is part of the report of the Mediation Centre. In pursuance thereof, money to the tune of Rs.6,35,000/- by way of Demand Draft has been paid to the complainant, wife. Learned counsel for the petitioner Manish Srivastava has drawn attention of this Court to Clause-5 of the agreement where it has been agreed by both the parties that the money would be paid by way of Demand Draft and whatever jewelry lies with the husband will also be returned to the wife. In pursuance thereof, money as well as jewelry has already been handed over to the wife which has not been disputed by the counsel for Geeta Patna High Court Cr.Misc. No.9451 of 2010 (10) dt.04-07-2012 3 / 3 3 Srivastava. In such view of the matter, it would be desirable for this Court to see that all the cases should come to an end. Accordingly, FIR of Muzaffarpur Town P.S.Case No. 157 of 2011 dated 6th May 2005 for the offences [STATUTE] s quashed. At the same time this Court gives a direction to both the parties to file a mutual divorce petition as provided [STATUTE] (B) of Hindu Marriage Act, 1955, on 6th August 2012. If the parties fail to file the mutual divorce petition under Section 13(B) of the Hindu Marriage Act, 1955 or would be reluctant to file the divorce petition, then the criminal case lying before the S.D.J.M.(E), Muzaffarpur would automatically revive. In terms of compromise, the wife side will also withdraw the maintenance case on the same day. In view of the agreement between the parties. It is expected from the Family Court to dispose of the divorce petition filed [STATUTE] (B) of the Hindu Marriage Act, 1955 expeditiously in accordance with law. With this observation, both these cases are disposed of. Jay/- (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.