IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9259 of 2018
Arising Out of PS. Case No.-1498 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
Sumeet Gupta , aged 28 years S/o Sushil Gupta Resident of House No. 60,
Blue Bells, Behind Prozen Mall, P.S. Sikal, Distt. Aurangabad, Maharashtra.
… … Petitioner/s
Versus
1. The State of Bihar.
2. Prachi Gupta W/o Sumeet Gupta, D/o …………… R/o Mohalla Brahamtoli,
Infront of Radha Krishna School, P.S.Muzaffarpur Town, District
Muzaffarpur. … … Opposite Party/s
Appearance :
For the Petitioner : Mrs. Nivedita Nirvikar, Advocate
For the State : Smt. Pushpa Sinha, APP
For O.P. No.2 : Mrs. Priya Gupta, Advocate
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 13-04-2018 Heard learned counsel for the petitioner, learned APP for
the State and learned counsel for the opposite party No.2.
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.
In pursuance of the order dated 28.03.2018, a joint affidavit has
been filed on behalf of the parties. The terms of settlement have been
incorporated in para 6 of the said petition, which is as follows :
“6. That both the parties have also discussed,
decided and settled all the issues which arises in case of
dissolution of marriage on the following terms:-
(i) The petitioner will pay an amount of
Rs.18,00,000/- (Rupees Eighteen Lacs only) as One Time
Patna High Court Cr.Misc. No.9259 of 2018(4) dt.13-04-2018
2/4Settlement and alimony to the Opposite Party No.2 and
the same shall be deposited in the form of Demand Draft
by the petitioner before this Hon’ble Court which shall be
handed over to the Opposite Party No.2 after the
dissolution of the marriage. It is further stated that in the
mean time the petitioner shall extend the date of Demand
Draft within 15 days of its expiry till disposal of the
present case,failing which his bail shall be cancelled by
this Hon’ble Court.
(ii) The petitioner is ready to return all the
belongings of Opposite Party No.2 which are lying with
the Petitioner at Aurangabad (Maharastra) and the same
shall be delivered to Opposite Party No.2 by the Petitioner
at Patna.
(iii) The Petitioner is ready to return and hand over
the Stridhan of Opposite Party No.2 which were given by
the parents of the Opposite Party No.2 to her at the time
of marriage which are as follows :-
(a) One half Gold Set,
(b) One Gold Ring,
(c) One Gold Chain
(iv) That both the parties mutually agreed to
withdraw all the cases pending before any court of law
filed by them against each other and their family members
which are as follows :-
(a) Complaint Case No.1498 of 2016 filed by the
Opposite Party No.2, pending before the Chief Judicial
Magistrate Patna or Judicial Magistrate 1 st class, before
whom the case is assigned by Chief Judicial Magistrate,
Patna upon its transfer from Muzaffarpur by the order of
this Hon’ble Court.
(b) Maintenance Case No.260 of 2016/103 of 2017
Patna High Court Cr.Misc. No.9259 of 2018(4) dt.13-04-2018
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filed by the Opposite Party No.2, pending before the
Principal Judge, Family Court, Patna.
(c) C.R. No.42 of 2017 lodged by the father of the
Petitioner at Dongri Police Station, Mumbai, Maharastra.
For this purpose, they will file an application along with
the order of this Hon’ble Court before the concerned court
at Mumbai as well as the Dongri Police Station and will
furnish the certified copy of the withdrawal of this case
before this Hon’ble Court in the present application.
(d) That both the parties agreed and undertake that
they shall not litigate any further with each other relating
to any matter whatsoever arising out of their marriage and
will become free to lead their life as per their willingness
and they will also be free to marry against after their
marriage is dissolved. Here, it is also important to
mention that the parties have agreed that they will not
take any steps to re-open any case connected because of
the relationship between the Petitioner and the Opposite
Party No.2 or their relatives. They also agree that this
agreement will bind their relatives, like the Father,
Mother, Brother and Sister-in-law of the Petitioner as he
is filing this compromise petition after taking their
consent as well.
(e) That both the parties will file a joint petition in
Divorce Petition No. A-333 of 2016, Matrimonial Case
No.310 of 2017 before the Additional Principal Judge,
Family Court, Patna to convert the same into mutual
consent divorce petition and will make all possible efforts
for getting their decree of divorce at the earliest.
(f) That both the parties have agreed that from the
date hereof they will not interfere in each other’s day to
day affairs.”
Patna High Court Cr.Misc. No.9259 of 2018(4) dt.13-04-2018
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In the light of the terms and conditions agreed between the
parties, the counsel for the petitioner shall hand over the draft in
question to the Registrar General, Patna High Court. The said draft
will be in the custody of the Registrar General, Patna High Court.
Once all the terms and conditions have been complied with, a joint
affidavit shall be filed on behalf of the parties before the Registrar
General, then the Registrar General, Patna High Court shall release
the draft in favour of the opposite party No.2.
Considering the fact that the parties have come to an one
time settlement, 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 Sub Divisional Judicial
Magistrate East, Muzaffarpur in connection with Complaint case
No.1498 of 2016, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure.
Narendra/- (Sudhir Singh, J)
U T
