IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56601 of 2006 SHIVDANI PRASAD & ORS Versus STATE OF BIHAR & ANR ------ 09/ 30-03-2009 A Complaint Case No. 45(C) of 2004 filed on behalf of one Rinki Devi against the petitioners alleging therein that due to her colour complex after her marriage she was being tortured by her in-laws followed by demand of dowry including colour T.V., Motor cycle etc. and lastly ousted on 16.01.2004 keeping all her ornaments. As against it, submission of learned counsel for the petitioners who approached this Court on quashing the proceeding is that a consented decree passed for dissolving the marriage of the complainant with her husband on 8.12.2003 even then demand and ousting from matrimonial house is shown on 16.01.2004. If that is the continuation of the demand and torture then also that is not believable. A photo copy of the Lok Adalat is available on record to show that a compromise petition was filed on behalf of the wife and husband to dissolve their marriage and on the same day that is allowed. Though no clear averment is made on behalf of the complainant on the point that there was any divorce, a simple averment is there to the effect that the signature was got obtained by the husband on a paper on assurance that she will be kept with all dignity and later some averment of 2 imagination of the husband was there. Section 13B of Hindu Marriage Act provides about a decree of desolation basing mutual consent of the parties. Section 13B runs as follows:- (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in Sub- Section (1) and not later on eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. So any decree passed by Lok Adalat basing a compromise filed in divorce case on the same day is not prescribed by law. Court is not empowered to violate the law 3 laid down by the legislation and a specific case is made out on behalf of the complainant that her signature was obtained on a blank paper. It is made clear that any criminal liability can be fixed if averments are proved but in any case circumstances discussed above are clear enough that there can be no interference by this Court by quashing the proceeding. This application is accordingly dismissed. S.Sb/- (Mandhata Singh, J.)