IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1308 of 2009 SUBODH SINGH @ SUBODH KUMAR SON OF LATE UPENDRA PRASAD SINGH, RESIDENT OF VILLAGE PAHSARA BAGHANGAMA, P.S. NAOKOTHI IN THE DISTRICT OF BEGUSARAI, PRESENTLY RESIDING IN MOHALLA LOHIYA NAGAR, ADJACENT TO COLLEGIATE SCHOOL, POLICE STATION BEGUSARAI TOWN IN THE DISTRICT OF BEGUSARAI ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. PASHUPANJALI DEVI D/O LATE AMAR NATH RAI, RESIDENT OF VILLAGE LOHIYA, P.S. BHAGWANPUR IN THE DISTRICT OF BEGUSARAI …. OPPOSITE PARTIES. ----------- 3. 26.7.2010 The petitioner, who is the husband of the opposite party no.2, seeks quashing of the entire proceeding including the order dated 8.12.2007 passed by the Chief Judicial Magistrate, Begusarai in Begusarai Town P.S.case No.225 of 2007, by which cognizance has been taken u/ss. 498A and 494/34 I.P.C. now pending before the Judicial Magistrate, 1st class, Begusarai. The opposite party no.2 was noticed by an order dated 15.3.2010 and, therefore, has appeared through a duly executed Vakalatnama. Both the parties agree that at this stage of their lives when their marriage is about 29 years old, they should part amicably and not continue with any more prosecution than that which has already gone by. In view of such, the only demand of opposite party no.2 is that the petitioner should pay Rs.1500/- per month as ordered by the Principal Judge on 5.11.2009 in Maintenance Case No.56M of 2004. - 2 - The counsel for the petitioner submits that he has no objection to the same and is willing to deposit the past due amount within the next three months. Once the same is deposited in the court below, a certificate shall be filed in the present proceeding in proof of the same. As soon as it is filed in the present case the entire proceeding stand quashed. It is made clear that in case the petitioner fails to pay the maintenance amount on two consecutive months, the opposite party no.2 shall be at liberty to revive this proceeding once again. The petitioner has also agreed to withdraw the revision petition numbered as Criminal Revision No.1867 of 2009 in view of the compromise arrived here. The opposite party no.2 shall not press the maintenance case numbered as Maintenance case No.56M of 2004 any further. The parties have also agreed to find a solution to ending the marriage amicably. With the aforesaid observation, this application is disposed of. Narendra/ ( Anjana Prakash, J. )