IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22116 of 2010 SEWAK BISWAS SON OF RADHA MOHAN BISWAS, RESIDENT OF VILLAGE- CHAKDHA, POLICE AZAMNAGAR, DISTRICT- KATIHAR. …..PETITIONER. . Versus 1.THE STATE OF BIHAR. 2. LAKHI DEVI, WIFE OF SEWAK BISWASH, DAUGHTER OF KAILASH BISWASH, RESIDENT OF NAYA TOLA, PASTIYA, POLICE STATION- AZAMNAGAR, DISTRICT- KATIHAR. …..OPPOSITE PARTY. ----------- 5. 25.02.2011 Heard the parties. The petitioner is personally present in Court. From the complaint petition and accompanying facts it appears that the parties being young and not literate enough, there have been certain marital discords. Unfortunately instead of speaking the same within confines of their home, they let it flow out and as is usual, different legal advices were tendered. The petitioner was advised to file a suit for divorce instead of approaching for conciliation. The wife was advised to file the present criminal case again with no sane advice to reconcile. The result is that the small marital discord has grown and come to a break point. Learned counsel for the wife made a suggestion that apparently the husband has kept another lady to which the learned counsel for the husband retorted. However learned counsel for the wife submits that once these proceedings were taken up by this court so called other lady 2 has been driven out of the house and the wife has now wished to come back, provided she is kept with dignity and is given due love and affection and respect to her and her family members as a whole. On behalf of the wife, it is submitted that the husband having filed the divorce case and the family members mistreating her, it is difficult for her to adjust in the said house but on considering the future, she agrees to go and live with the husband and his family, as a family member, giving due love, affection and dignity to him and his family members. Both the parties agree to withdraw the litigations and the wife coming and living peacefully and dutifully with the husband, the husband would drop the divorce case that is filed which is pending before the Principal Family Judge, Katihar and similarly the wife would not pursue the present case being Complaint Case No. 3275 of 2008 any further for the sake of family peace and harmony. Both the parties understand the implications and agree to it. In the hope that the parties would abide by the statements recorded in this order, this application stands disposed of with a direction to the concerned court being the court of Sub-Divisional Judicial Magistrate, Katihar not to 3 proceed with this matter any further and drop the proceedings on mutual agreement of parties. However, the proceedings would be revived if the husband or his family members misbehave without cause. Devendra/ ( Navaniti Prasad Singh, J.)