Patna High Court
KUNDAN KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The criminal revision petition is allowed on the basis of compromise, setting aside the conviction and acquitting the petitioner.
Summary
Kundan Kumar Singh was convicted under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, and his appeal was dismissed. He filed a criminal revision petition challenging the conviction. While the revision was pending, the petitioner and his wife reached a settlement, obtained a divorce, and withdrew the maintenance execution case. The petitioner filed an interlocutory application seeking disposal of the revision on the basis of the compromise. The Patna High Court, noting the settlement and payment of amounts to the wife, allowed the revision, set aside the earlier judgment, and acquitted the petitioner of all charges. The revision petition was therefore disposed of in favour of the petitioner.
Issues considered
- What is the effect of a settlement between parties on a pending criminal revision under Sections 498A IPC and 4 Dowry Prohibition Act?
- Can a conviction for dowry harassment be set aside solely on the basis of a matrimonial compromise?
Legislation cited
- Dowry Prohibition Act, 1961 — s. 4
- Indian Penal Code — s. 498A
Subjects
- criminal revision
- Section 498A
- Dowry Prohibition Act
- settlement
- acquittal
- divorce
- family law
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1557 of 2019
Arising Out of PS. Case No.-102 Year-2007 Thana- ARA NAGAR District- Bhojpur
======================================================
Kundan Kumar Singh, Son of Late Lalan Prasad Singh, Resident of Village -
Anand Nagar, Moti Jhil Ara, P.S.- Ara (Town) in the District of Bhojpur, Ara.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niru Devi @ Niru Kumari, Wife of Kundan Kumar Singh, D/o Onkar Nath
Singh @ Onkar Singh, R/v- Nauhar, Farna, P.S.- Barahara, Distt.- Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. J.S. Arora, Sr. Advocate.
Mr. Prabhu Narayan Sharma, Advocate.
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
19 08-05-2026 The present Criminal Revision petition has been
preferred by the petitioner against the impugned judgment dated
3rd September, 2019 whereby conviction of the petitioner under
Section 498A of the Indian Penal Code and Section 4 of Dowry
Prohibition Act has been upheld dismissing the Appeal of the
petitioner. Hence, the petitioner has preferred the present
Criminal Revision before this Court.
2. Learned counsel for the petitioner has filed
Interlocutory Application bearing I.A. No. 7 of 2026 for
disposing the Criminal Revision on the basis of compromise
stating that settlement has been reached at between the
petitioner/husband and the Opposite Party No. 2/wife, and on
Patna High Court CR. REV. No.1557 of 2019(19) dt.08-05-2026
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the settlement, both the parties preferred an Interlocutory
Application in Matrimonial Appeal No. 546 of 2017 which was
filed by the petitioner in view of dismissal of the mutual divorce
petition and in view of the I.A. filed in the Miscellaneous
Appeal No. 546 of 2017, learned Division Bench of this Court
has allowed the Divorce petition in view of settlement between
the parties with a direction to the parties to get the present
Revision petition disposed of and Miscellaneous case for
execution of the maintenance order pending in learned Family
Court withdrawn.
3. In pursuance of the settlement, the execution case
No. 2 of 2017 pending in the Court of Principal Judge, Family
Court, Bhojpur at Ara, has been disposed of as withdrawn by the
Opposite Party No.2/wife vide order dated 16.03.2026 in view
of the order dated 11.03.2026 passed by learned Division Bench
of this Court in Misc. Appeal No. 546 of 2017 and the consent
of both the parties.
4. A copy of the order dated 16.03.2026, passed by
learned Family Court and a copy of the judgment dated
11.03.2026, passed by learned Division Bench of this Court in
Misc. Appeal No. 546 of 2017, allowing the divorce petition are
already filed on record.
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5. Now, in further pursuance of the order dated
11.03.2026 passed by learned Division Bench of this Court in
Misc. Appeal No. 546 of 2017, the present Interlocutory
Application bearing I.A. No. 7 of 2026 has been filed.
6. Learned counsel for the petitioner submits that in
pursuance of the settlement arrived at between the parties, all
amount has been paid to the Opposite Party No. 2/wife.
7. Considering the aforesaid facts and circumstances
showing settlement of the dispute between the parties, the
present Criminal Revision petition is allowed on the basis of
compromise setting aside the impugned judgment and order
dated 03.09.2019 passed by learned Appellate Court in Criminal
Appeal No. 07 of 2018 and acquitting the petitioner of all the
charges.
8. The revision petition stands disposed of,
accordingly.
(Jitendra Kumar, J)
S.Ali/-
U T
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