IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24419 of 2008 1. Shobha Devi, wife of Dr. Manjit Prakash, daughter of Gobardhan Bhagat, resident of Sahebganj, PS Belhar, District Banka – Petitioner. Vs. 1. The State of Bihar, 2. Dr. Sanjit Prakash, 3. Dr. Manjit Prakash, both sons of Dr. Rameshwar Prasad, 4. Rajesh Kumar, son of Ram Naresh Pal, 5. Guddu Kumar, son of Lakhan Prasad, both staff members of Dr. Rameshwar Prasad, all residents of Qrs. No. 340, Anugrah Colony, PS Rampur, District Gaya – Opposite parties. with Cr.Misc. No.13784 of 2008 1. Goverdhan Bhagat, son of Late Gyandip Bhagat, 2. Manimala Devi, wife of Goverdhan Bhagat, 3. Shobha Devi, wife of Dr. Manjit Prakash, daughter of Goverdhan Bhagat, all of village Sahebganj, PS Belhar, District Banka – Petitioners. Vs. The State of Bihar. For the petitioners : Mr. Rama Kant Sharma, Sr. Advocate and Mr. Lakshmi Kant Sharma, Advocate in both the cases. For the Opposite party : Ms. Soni Srivastava and Mr. Ajay Kumar Sinha, Advocates. 6 7.10.2009 This is the third round in this court for the petitioners and the opposite parties. In the first instance anticipatory bail was filed on behalf of husband of petitioner Shobha Devi. The reconciliation proceeding took place in the chambers and the lady was to return to her matrimonial house. It appears that when she reached her matrimonial house, she was allegedly again beaten. So, she lodged a case against her husband and other family members whereas the husband also lodged a case against petitioner Shobha Devi and her family members. The matter came up on the second round and it was listed before this court when the case was for transfer of the matrimonial suit. At that stage also the parties were called and attempts were made by the court and the counsels to reconcile the 2 differences but the reconciliation failed. Finally in the third round both the parties have now agreed to part ways since it is obvious that there are a lot of differences not only between the husband and wife but also between the family members of the two sides. Under the circumstances it would also be humane that both the parties should be given an opportunity to start their life afresh and forget the past. The parties have agreed to file a joint petition for divorce under section 13(b) of the Hindu Marriage Act being Matrimonial Case No.34/2007 pending before the Family Court, Bhagalpur. In lieu of divorce Dr. Manjit Prakash had agreed to pay a sum of Rs. 10.5 lakhs as one time settlement to Shobha Devi. The said payment has been made today in presence of counsel for the parties and of course the court. The details of the demand drafts handed over to Shobha Devi are mentioned below : i) Demand draft no. 015361 dated 22.9.2009 for Rs. 2.5 lacs. ii) Demand draft no. 009214 dated 25.9.2009 for Rs. 2 lacs. iii) Demand draft no.009362 dated 1.10.2009 for Rs. 2 lacs. iv) Demand draft no. 009329 dated 1.10.2009 for Rs. 2 lacs, and v) Demand draft no. 009360 dated 1.10.2009 3 for Rs. 2 lacs. The Principal Judge, Family Court, Bhagalpur is directed to grant a decree of divorce within a period of one month from the date of filing a joint petition by the parties. It is made clear that each of the party may also file a separate petition under section 13(b) of the Hindu Marriage Act before the court since it seems that it may not be possible that even for the purposes of filing a joint divorce petition, they will agree on a date or sit together to file the petition. The Principal Judge, Family Court, Bhagalpur will record that Rs. 10.5 lacs has been paid as one time settlement in lieu of the divorce being granted to Shobha Devi. Since the matter has been amicably settled between the parties, this court directs that petitioner Shobha Devi should file a petition before the Subdivisional Judicial Magistrate, Banka in Complaint Case No.1220C/2005 for compounding the offences. The Magistrate or his successor court who is in seisin of Complaint Case No. 1220C/2005 will pass an order dropping the proceeding in view of the fact that there is no dispute now pending between the parties. In view of what has been stated above, the order, dated 13.11.2007 passed by the Judicial Magistrate, Ist class, Gaya in Rampur PS case No.121/2006 by which the court has taken cognizance for the offences under sections 341, 323 and 504 of the Penal Code is quashed. Similarly the order, dated 13.11.2007 by which the Chief Judicial Magistrate, Gaya has taken cognizance in Rampur PS case No. 4 122/2006 and the entire criminal proceeding arising out of this case stands quashed. At this stage Ms Soni Srivastava submits that she would be withdrawing another criminal Misc. case which is pending before this court in view of the orders aforesaid. These two applications are disposed of with the aforesaid directions to the Principal Judge, Family Court, Bhagalpur and the other courts where the proceedings are pending. haque (Sheema Ali Khan, J.)