Patna High Court
NITU KUMARIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court disposed the application, accepting the compromise and ordering compliance, without cancelling the anticipatory bail.
Summary
The petition sought cancellation of anticipatory bail granted to the husband (OP No.2) in a criminal case arising from a matrimonial dispute (Complaint No. 614/2013) under Section 498A IPC. Both parties entered into a joint compromise, agreeing that the husband would pay Rs.75 lakh in three installments, file a mutual‑consent divorce under Section 13B of the Hindu Marriage Act, and that the wife would cease to claim maintenance. The husband had already paid the first installment of Rs.25 lakh. The court accepted the compromise, ordered that the parties comply with its terms, and noted that any breach would attract contempt proceedings. Consequently, the application for cancellation of anticipatory bail was disposed in favour of the compromise, and the wife will withdraw the criminal proceedings.
Issues considered
- Whether anticipatory bail can be cancelled after the parties have reached a settlement.
- Whether a criminal case under Section 498A IPC can be withdrawn on the basis of a compromise and mutual‑consent divorce.
- Effect of the settlement on the maintenance order passed by the Family Court.
- Contempt jurisdiction for non‑compliance with the compromise terms.
Legislation cited
- Hindu Marriage Act — s. 13B
- Indian Penal Code — s. 498A
Subjects
- matrimonial dispute
- anticipatory bail
- section 498A
- mutual consent divorce
- section 13B
- maintenance
- compromise settlement
- contempt of court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4921 of 2023
Arising Out of PS. Case No.-614 Year-2013 Thana- PURNIA COMPLAINT CASE District-
Purnia
======================================================
Nitu Kumari W/O Sanjay Kumar Singh, D/O Kaladhar Mandal @ Kalanand
Prasad Singh Resident Of Mohalla- Gandhi Nagar, P.S.- K.Hatt, District-
Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Singh Son of Shiv Narayan Prasad Singh Resident of Village-
Mathurapur, P.S.- Khagaria, District- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate
Mr. Surendra Kumar Mishra
For the Opposite Party/s : Mr. Jai Narain Thakur
For the O.P. No. 2 : Mr. N.K. Agrawal, Sr. Advocate
Mr. Vijay Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
14 02-04-2026 Heard the learned counsel for the petitioner, the
learned counsel for the State and the learned Senior Counsel for
the O.P. No. 2.
2. This is an application for cancellation of
anticipatory bail granted to the O.P. No. 2 on 03.11.2022 by this
Court in Cr. Misc. No. 11675 of 2022.
3. Both the parties have entered into a compromise
and filed joint compromise petition. The compromise petition
reads as follows:-
“1. That the present case has arisen out of
complaint case No. 614/2013 which was
Patna High Court CR. MISC. No.4921 of 2023(14) dt.02-04-2026
2/6
lodged before the Learned S.D.J.M. Purnea
for matrimonial dispute between the parties
which led to registration of the present case
under section 498'A' of the I.P.C. & other
section.
2. That with the intervention of family
members, well wishers and respectable
person of the society, the parties have
amicably resolved their disputes and as such
the present compromise petition is being
filed.
3. That it is stated that as per terms of
settlement the husband has agreed to pay a
total sum of Rs. 75,00,000/- (Seventy Five
Lakhs Only) to the Wife namely Nitu
Kumari towards full and final settlement of
all claims including Maintenance (present
and future).
-- Permanent alimony
-- Stridhan
-- Any other claim whatsoever
4. That the aforesaid agreed/settled amount
shall also include provisions for the welfare,
maintenance and future security of the
minor male child namely Krishna born out
of the wedlock between the parties but this
will not defeat the coparcenary rights of the
child namely Krishna in the HUF.
5. That the payment shall be made in following
manner:-
Patna High Court CR. MISC. No.4921 of 2023(14) dt.02-04-2026
3/6
i. Rs. 25,00,000/-(Twenty five Lakhs)
paid on the date of the final order
passed in the present case.
ii. 2nd payment Rs. 25,00,000/- (Rupees
Twenty Five Lakhs) to be paid at the
time of filing of divorce case, by
mutual consent (13'B' of Hindu
Marriage Act) before the Learned
court of Principal Judge, Family
Court, Purnea) and
iii. 3rd and final payment of Rs.
25,00,000 (Rupees Twenty five
Lakhs) will be paid at the time of
Final disposal of Divorce case with
mutual consent.
6. That parties have agreed to file a petition for
divorce by mutual consent under Section 13
'B' of Hindu Marriage Act before the
Principal Judge, Family Court Purnea
within a month from the date of the order
passed in the present case and the parties
also agreed to cooperate to disposal the case
expeditiously. The Husband agreed to pay
the 2nd Installment at the time of institution
of Section 13 B Petition.
7. That the wife agreed that from the date of the
order passed in the criminal miscellaneous
no.4921/2023 the maintenance amount as
fixed by the learned Principal Judge, Family
Court Purnea dated 29.05.2024 passed in
Miscellaneous case no. 67/2019 shall
immediately stop and stoppage of
Patna High Court CR. MISC. No.4921 of 2023(14) dt.02-04-2026
4/6
maintenance amount will not be treated as
contempt of courts order.
8. That the wife has agreed that upon receipt of
the entire agreed/settled amount, she shall
have no further claims against the husband
and his family members.
9. That wife undertakes that she has no
objection if the Complaint Case No.
614/2013 pending in the court of Learned
S.D.J.M. Purnea be quashed by the order of
this Hon'ble court.
10. That the wife has agreed to keep the male
child and will maintain, look after and shall
bear all cost of his education or any other
expenses incurred for the
livelihood/maintenance of the son but this
never defeats the coparcenary right of his
son in the HUF.
11. That the present compromise has been
entered into voluntarily, without any
coercion, undue influence, or pressure by
both the parties.
12. That since both parties have agreed for one
time settlement and for mutual divorce,
hence both the parties are at liberty to lead
their own life in their own free will and
from this either of the party will have no
grievances.
13. That non-compliance of the terms of this
compromise application shall be considered
Patna High Court CR. MISC. No.4921 of 2023(14) dt.02-04-2026
5/6
as contempt of court for both the parties and
will vitiate the Divorce Decree u/s 13-B (if
any) and the wife as well as husband shall
have the right to file money suit as well as
criminal case if both the parties do not fulfil
the terms of compromise.”
4. Pursuant to the aforesaid compromise, an amount
of Rs. 25 Lakh has already been given by the husband to the
wife through RTGS transfer and the learned counsel for the O.P.
No. 2 further submits that the amount has been transferred in the
account of the petitioner-wife as per the agreement.
5. The learned counsel for the petitioner-wife submits
that the petitioner-wife will do her part as agreed.
6. In these circumstances, this application is disposed
of in the terms and conditions of the compromise petition.
7. In case either of the parties fails to comply with the
terms and conditions as mentioned in the compromise petition,
they will be liable to be proceeded against under contempt
jurisdiction.
8. The O.P. No. 2-husband will not make any further
payment pursuant to the maintenance of the Principal Judge,
Family Court, Purnea.
9. It is clarified that the petitioner-wife will file an
Patna High Court CR. MISC. No.4921 of 2023(14) dt.02-04-2026
6/6
application for withdrawal of the criminal cases filed by her
against the O.P. No.2.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…