SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Purusottam Chandra Prasad @ … vs State Of Bihar & Anr on 10 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55338 of 2017
Arising Out of PS. Case No.-521 Year-2016 Thana- PATNA COMPLAINT CASE District-
Patna

Purusottam Chandra Prasad @ Purusotam Prasad, S/o Satish Chandra Prasad,
Resident of Ashiyana Road Excise Colony, Flat No. 168, Sector No.- 2, Ram
Nagari, P.S.- Rajiv Nagar, Dist.- Patna.

… … Petitioner/s
Versus
1. The State of Bihar.
2. Mamta Devi, Wife of Purusottam Chandra Prasad @ Purusotam Prasad,
resident of Ashiyana Road Excise Colony, Flat No. 168, Sector No- 2, (Ram
Nagari), P.S. Rajiv Nagar, District- Patna, Daughter of Ram Pravesh Ram, R/o
Haldi Chhapra Nayaka Tola, P.S. Maner, District- Patna.

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar
For the Opposite Party/s : Mr. Abhay Kumar Roy

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER

5 10-04-2018 None appears on behalf of the opposite party No.2.

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is apprehending his arrest in a case

registered under Section 498A of the Indian Penal Code and ¾

of Dowry Prohibition Act.

Allegation against the petitioner is of committing

torture upon the victim due to non-fulfilment of demand of

dowry.

By order dated 18.12.2017, the matter was referred to

the Patna High Court, Mediation Centre. As per the report of the
Patna High Court Cr.Misc. No.55338 of 2017(5) dt.10-04-2018
2/4

Mediator, the matter has been settled between the parties.

Following is the report of the Mediator :

Patna High Court Mediation Centre
Memorandum of Agreement
Mediation Proceeding No.04 of 2018
[Arising out of Cr.Misc.No.55338 of 2017]

An agreement made on 02.04.2018 at the High Court
Mediation Centre, between.

Purushottam Chandra Prasad @ Purusotam Prasad, son of
Satish Chandra Prasad, resident of Ashiyana Road Excise Colony,
Flat No.168, Sector No.2, Ram Nagari, P.S. Rajiv Nagar, District
Patna —— Petitioner
And
Mamta Devi, wife of Purusottam Chandra Prasad @
Purushotam Prasad, son of Satish Chandra Prasad, resident of
Ashiyana Road Excise Colony, Flat No.168, Sector No.2, Ram
Nagari, P.S. Rajiv Nagar, District Patna, daughter of Ram Pravesh
Ram, R/o Haldi Chhapra Nayaka Tola, P.S. Maner, District Patna

—– Opposite party No.2

The petitioner (Purushottam Chandra Prasad) and the
opposite party No.2 (Mamta Devi @ Mamta Kumari) are present
with their respective counsels namely, Mr. Prem Ranjan Kumar,
Advocate and Mr. Depak Kumar, Advocate.

As per the agreement arrived at between the parties on
29.03.2018, the parties are resolving their disputes by way of one
time settlement, on following terms:-

1. The petitioner is handing over the demand
draft of Rs.50,000/- (Rupees Fifty Thousand) bearing
No.828790 dated 31.03.2018 to the opposite party No.2 as
final one time settlement amount.

2. That after signing this one time settlement
agreement both the parties have agreed to part away from
each other and they will be free to lead their independent
life.

3. That as there is no any kid born out of this
wedlock, between the parties, therefore the opposite party
No.2 will not make any further claim from the petitioner in
future.

4. Parties have further agreed that they will file
Patna High Court Cr.Misc. No.55338 of 2017(5) dt.10-04-2018
3/4

mutual divorce petition before the competent court.

5. Parties have further agreed that both the parties
will take steps to withdraw all the cases, if any, filed against
teach other before any court/forum.

6. That both the parties have agreed that this
settlement will be full and final one time settlement. No
party shall claim from each other in furture.

7. That content of the joint compromise petition
have been read over and explained to us in Hindi and parties
have fully understood the same.

8. That the above terms and conditions a
settlement has been recorded between the parties an both
have signed in presence of their learned counsels, who have
also put their signature on the agreement.

9. That with the aforesaid terms and conditions
the parties have resolved their dispute.

10. That therefore, due to hectic efforts taken in
the mediation proceeding the parties resolved their disputes
as such the mediation succeeded.

Sd/- Sd/-
(Purushottam Chandra Prasad) (Mamta Devi)
Signature of the petitioner Signature of the O.P. No.2
Date-03.04.2018 Date-03.04.2018

Sd/- Sd/-
Signature of the petitioner Advocate Signature of the O.P. No2 Advocate
A.O.R. No.-00827 A.O.R. No.-
Date-03.04.2018 Date-03.04.2018

Considering the fact that the matter has already been

settled between the parties, let the petitioner, above named, in

the event of arrest/surrender before the learned court below

within a period of six weeks from today, be released on

anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten

thousand) with two sureties of the like amount each to the

satisfaction of learned S.D.J.M., Danapur in connection with

Complaint case No.521(c) of 2016, subject to the conditions as
Patna High Court Cr.Misc. No.55338 of 2017(5) dt.10-04-2018
4/4

laid down under Section 438(2) of the Code of Criminal

Procedure.

(Sudhir Singh, J)
Narendra/-

U T

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Rules of Group, If You agree then Message us on Above Number.

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh