UMASHANKAR KANTH SON OF LATE LAXMI NARAYAN KANTH RESIDENT OF M.O. Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard the parties.

(2.) This application, filed on behalf of the petitioners, under Sec. 482 of the Code of Criminal Procedure, is directed against the order dated 25.10.2013 passed in Ishakchak P.S. Case No.86 of 2012 by the court of the Sub Divisional Judicial Magistrate, Bhagalpur, taking cognizance of the offence under Sec. 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against the petitioners.

(3.) Learned counsel appearing on behalf of the petitioners submits that vide order dated 24.06.2015 passed by a Bench of this Court, the parties were directed to appear before the court below and file an application under Sec. 13B of Hindu Marriage Act within a period of six weeks from the date of receipt of that order, with further direction that on the 1st day of motion, the petitioner no.1 shall pay a sum of Rs.1,00,000.00 by way of Demand Draft to the Opposite Party No.2. On the final day of motion, the petitioner no.1 shall produce a certificate that he has paid the entire amount of six lacs upon which a decree of divorce shall be passed by the Court below expeditiously considering the categorical statement of the parties. In the meantime, the petitioner no.1 shall send all the articles of the opposite party no.2 to her residence by Packers and Movers. In compliance of the aforesaid order dated 24.06.2015 passed by a Bench of this Court, Divorce Case No.276 of 2015 was filed by the petitioner no.1 and the opposite party no.2 under Sec. 13(B) of the Hindu Marriage Act in the court of the Principal Judge, Family Court, Bhagalpur, where after, on the payment of Rs.6,00,000.00 to the opposite party no.2 by the petitioner, the aforesaid Divorce Case No.276 of 2015 was decreed on mutual consent on 16.06.2016, which would appear from Annexure- '5' to the supplementary affidavit filed on behalf of the petitioners and now, none of the parties has any grievance. As such, this application may be allowed.