Smt. Sinki Soni Vs The State of Bihar — Maintenance and Alimony | Patna HC (2025)

Smt. Sinki Soni Vs The State of Bihar — Maintenance and Alimony | Patna HC (2025)

What the court decided

AI extract

Outcome

Contempt application disposed of without initiating contempt proceedings; Complaint Case No. 2189 of 2018 (T.R. No. 2363 of 2019), Motihari (Town) P.S. Case No. 721 of 2020 and Maintenance Case No. 455 of 2018 quashed on account of the amicable settlement and the petitioner's no objection.

Issue for consideration

Whether a contempt proceeding should be initiated against opposite party no. 2 for deliberate violation of the order dated 07.07.2022 in Cr. Misc. No. 15260 of 2021. +1 more

Court's answer

Taking into account that the dispute between the husband and wife is matrimonial and that the parties have reached an amicable settlement, the Court proceeded on that basis rather than pursuing the contempt.

Ratio / Principle

Based on the submission of the learned Senior Counsel for the petitioner, Complaint Case No. 2189 of 2018 (T.R. No. 2363 of 2019), pending before the learned 21-S.D.J.M., Sadar Motihari, East Champaran, is hereby quashed.

Key takeaways

Motihari (Town) P.S. Case No. 721 of 2020, pending before the learned Chief Judicial Magistrate, Motihari, East Champaran, is hereby quashed.ratio¶21
Maintenance Case No. 455 of 2018, pending before the learned Principal Judge, Family Court, Motihari, East Champaran, is hereby quashed.ratio¶21
The contempt application is disposed of; no contempt proceeding was initiated against opposite party no. 2.ratio

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), 07-11-2025: A contempt application (MJC No. 1427 of 2023) alleging deliberate violation by opposite party no. 2 (the petitioner's husband) of the order dated 07.07.2022 in Cr. Misc. No. 15260 of 2021 was disposed of without initiating contempt proceedings, the Court taking into account that the dispute is matrimonial and the parties have reached an amicable settlement, with the petitioner submitting she had no objection to her cases being quashed. Accordingly, the Court quashed: (i) Complaint Case No. 2189 of 2018 (T.R. No. 2363 of 2019), cognizance under Section 498(A) IPC and Sections 3 and 4 Dowry Prohibition Act, pending before 21-S.D.J.M., Sadar Motihari; (ii) Motihari (Town) P.S. Case No. 721 of 2020 under Sections 406, 420, 468, 471 and 34 IPC, pending before the Chief Judicial Magistrate, Motihari; and (iii) Maintenance Case No. 455 of 2018 under Section 125 Cr.P.C., pending before the Principal Judge, Family Court, Motihari. Counsel noted that the parties' Matrimonial Case No. 150 of 2022 under Section 13B(1) Hindu Marriage Act (divorce by mutual consent) remains pending before the Additional Principal Judge, Family Court, Patna Sadar, and that the parties undertook to ensure its expeditious decision. (Statements about acquittal of the petitioner in C.R. Case No. 36 of 2023 were counsel's submissions, not findings of this Court.)

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1427 of 2023

In

CRIMINAL MISCELLANEOUS No.15260 of 2021

======================================================

Smt. Sinki Soni W/o Shri Diwakar Prasad, D/o Shri Rajkumar Prasad, At Present address - C/o Ramji Prasad Jewellers, Main Road, Motihari, DistrictEast Champaran.

... ... Petitioner/s

Versus

The State of Bihar

Diwakar Prasad @ Diwakar Kumar Prasad, Son of Dilip Prasad, Resident of Glass India, H.No.10, B.R. Phukan Road, P.S. Kunarpure, District- Kamrup (Metro) Guwahati, Assam.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ansul, Sr. Advocate Mr. Anuj Kumar, Advocate For the State : Mr. Manish Kumar, GP-4 Mr. Sanjay Parasmani, AC to GP-4 For the O.P. No. 2 : Mr. Ravindra Kumar Shukla ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

9 07-11-2025

Heard learned Senior Counsel for the petitioner, learned AC to GP-4 for the State and Mr. Ravindra Kumar Shukla, learned counsel appearing on behalf of the opposite party no. 2.

Learned Senior Counsel appearing on behalf of the petitioner submits that the instant contempt application has been filed for initiating a proceeding of contempt against the opposite party no. 2 for deliberate violation of the order dated 07.07.2022 in Cr. Misc. No. 15260 of 2021. It is further submitted that petitioner and the opposite party no. 2 are husband and wife, as such, the dispute is matrimonial. It is next submitted that parties

Patna High Court MJC No.1427 of 2023(9) dt.07-11-2025 2/4

have reached an amicable settlement, as such, the petitioner is not willing to pursue the cases filed by her against the opposite party no. 2 being Complaint Case No. 2189 of 2018 (T.R. No. 2363 of 2019) in which cognizance has been taken under Section 498(A) of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act and is pending adjudication in the Court of learned 21-S.D.J.M., Sadar Motihari, East Champaran, Motihari (Town) P.S. Case No. 721 of 2020 registered under Sections 406, 420, 468, 471 and 34 of the Indian Penal Code and is pending in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran and Maintenance Case No. 455 of 2018 instituted under Section 125 of the Cr.P.C. which presently is pending in the Court of learned Principal Judge, Family Court, Motihari, East Champaran.

Learned Senior Counsel appearing on behalf of the petitioner submits that opposite party no. 2 herein has also filed Complaint Case No. 36(C) of 2023 under Sections 494, 506, 354, 342 and 34 of the Indian Penal Code in the Court of learned J.M.F.C.-2, Guwahati.

Learned counsel appearing on behalf of the opposite party no. 2 submits that in C.R. Case No. 36 of 2023, the petitioner stands acquitted based on compromise as would

Patna High Court MJC No.1427 of 2023(9) dt.07-11-2025 3/4

manifest from order dated 14.08.2025 (Annexure R/A to the supplementary affidavit) filed on behalf of the opposite party no. 2. It is further submitted that petitioner till date has not withdrawn the criminal cases filed by her against the opposite party no. 2 on which learned Senior Counsel submits that he has instruction on behalf of the petitioner to make a specific submission that petitioner will have no objection in the event the aforesaid three criminal cases filed by her is quashed in the instant proceeding.

After hearing the learned counsel for the parties and keeping the fact in mind that the dispute is matrimonial and parties have reached an amicable settlement, as such, based on the submission made by the learned Senior Counsel appearing on behalf of the petitioner, Complaint Case No. 2189 of 2018 (T.R. No. 2363 of 2019) pending in the Court of learned 21S.D.J.M., Sadar Motihari, East Champaran, Motihari (Town) P.S. Case No. 721 of 2020 pending in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran and Maintenance Case No. 455 of 2018 pending in the Court of learned Principal Judge, Family Court, Motihari, East Champaran are hereby quashed.

Learned counsel for the parties at this stage submits

Patna High Court MJC No.1427 of 2023(9) dt.07-11-2025 4/4

that the parties had filed Matrimonial Case No. 150 of 2022 under Section 13B(1) of the Hindu Marriage Act seeking divorce by mutual consent which is pending in the Court of learned Additional Principal Judge, Family Court, Patna Sadar.

It is submitted that the parties will ensure that the

case is decided expeditiously.

Hence, the contempt application is disposed of.

(Satyavrat Verma, J)

Kundan/-

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