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Judgment
Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.
The present application has been filed on behalf of the petitioners, who are husband, father-in-law and mother-in-law of the opposite party no.2, against the order dated 18.12.2023 passed by the learned Sub Divisional Judicial Magistrate, Patna in Complaint Case No.7148(C) of 2023, whereby cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
By earlier orders of this Court, time had been granted to the parties, as it was stated that the parties were resolving the dispute between them in an amicable manner by entering into a compromise and also filing an application under Section 13B of the Hindu Marriage Act for mutual consent divorce. Today, the learned counsels for both the sides along with parties in person are present in the Court.
In view of the deed of settlement between the parties dated 27th August, 2026, which is Annexure-3 to the supplementary affidavit and especially in view of Clause-5 thereof, the petitioner no.1 has handed over a demand draft bearing 317888 of a sum of Rs.7,50,000/- towards permanent alimony to the opposite party no.2 and a receiving has also been taken.
A photocopy of the demand draft of an amount of Rs.7,50,000/- is being kept on record.
Clause-6 of the said deed indicates that the parties would jointly file a petition under Section 13-B(1) of the Hindu Marriage Act and they would fully cooperate with each other, including the waiver of the statutory cooling-off period under the proviso to Section 13-B(2) of the said Act so that the marriage is dissolved at the earliest. There is a further Clause-7 for withdrawal of all pending cases between the parties including the criminal case also as also the case of maintenance.
Learned counsel appearing for the opposite party no.2 assures this Court of her cooperation in the proceedings before the Family Court, Patna for mutual consent divorce bearing Matrimonial Case No.1308 of 2026, including for the payer for waiver of statutory cooling-off period.
Taking into consideration the fact that the present case arises out of a matrimonial discord and disharmony, which the parties have now resolved by way of filing a compromise petition and a consequential case for mutual consent divorce and further, considering that the petitioner no.1 has also made a payment of Rs.7,50,000/- to the opposite party no.2 as agreed between them before this Court, this Court does not find any legitimate purpose for keeping the present proceeding pending, rather this Court would proceed to exercise the inherent powers under Section 482 of the Cr.P.C. to give a peaceful quietus to the litigation between the parties and bring the entire proceedings to a closure.
The Hon’ble Apex Court in several judicial pronouncements, including, Naushey Ali and Ors. vs. State of Uttar Pradesh and Anr. reported in (2025) 4 SCC 78 and Mange Ram vs. State of Madhya Pradesh and Anr. reported in 2025 SC On Line 1681 has held in unequivocal terms that in case of compromise between parties to litigation, especially in cases arising out of matrimonial relations, criminal proceedings ought to be quashed for giving a peaceful quietus to ongoing litigation.
In such view of the matter, considering the factual scenario of compromise between the parties and also taking into consideration settled legal position in case of compromise in matrimonial cases, the order dated 18.12.2023 passed by the learned Sub-Divisional Magistrate, Patna and all proceedings arising therefrom stand quashed.
Accordingly, the present application is allowed.
It is, however, made clear that the learned Family Court, Patna, in the background of the entire facts and circumstances, may consider the waiver of the cooling-off period in the interest of justice.