IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4162 of 2007 AMARENDRA KUMAR @ PAPPU Versus STATE OF BIHAR & ANR ----------- 13 16.1.2009 Pursuant to the earlier order both the parties are present in court along with their counsel. This is a case under section 498A of the Penal Code and section 3 and 4 of the Dowry Prohibition Act. It is alleged by Opposite party no.2 that her husband Amarendra Kumar @ Pappu, the petitioner, tortured her for non- fulfillment of demand of dowry. The petitioner filed instant case for grant of anticipatory bail and submitted that he is willing to keep his wife with full care and dignity. This court by order dated 27.2.2007 granted provisional bail to the petitioner. Initially a compromise between the parties seemed in sight but subsequently it transpired that the parties would not be able to live together and as such they have decided to part amicably. A compromise petition has been filed on behalf of the parties wherein the petitioner submitted that he is willing to provide adequate security to his wife, the Opposite party no.2, for her living and as such he offered a sum of Rs.13,00,000/- to the Opposite party no.2. The Opposite party no.2 in turn stated that she will not pursue the instant criminal case and she is willing to file a joint application for dissolution of marriage. The terms of compromise has been duly incorporated in the order dated 26.3.2008 passed in this case. It further appears that subsequently the petitioner handed over a flat to the - 2 - KHAN Opposite party no.2 and also contributed a sum of Rs.1,00,000/- towards payment of registration fee and stamp duty. The aforesaid fact has not been controverted by Opposite party no.2. It is submitted that a compromise petition has been filed in respect of non-prosecuting the criminal case and a divorce suit bearing 750 of 2008 has also been filed. In the circumstances, this court directs as follows: i) The trial court in seisin of the criminal case will dispose of the same in terms of compromise petition and also in view of the fact that opposite party no.2 does not wish to prosecute it any further. He would dispose of the criminal case within three weeks from the date of receipt/production of a copy of this order. ii) The Principal Judge, Family Court, Patna would also dispose of the Divorce Suit expeditiously as possible as both the parties have mutually agreed to divorce each other. iii) Both the parties would cooperate each other in registration of the flat in question. This court does not wish to keep this matter pending any longer and as such the provisional bail granted to the petitioner by order dated 27.2.2007 stands confirmed. With the aforesaid observations and directions, this application stands disposed. (S.P.Singh,J) - 3 -