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Deepa Kumari vs The State Of Bihar on 13 August, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40550 of 2019
Arising Out of PS. Case No.- Year-0 Thana- District- Sitamarhi

DEEPA KUMARI Wife of Nayaneek Narayan, D/o- Param Hans Thakur
Resident of Mohalla – Kot Bazar, Sitamarhi, Ward No. 13, P.S. and District-
Sitamarhi

… … Petitioner/s
Versus
1. THE STATE OF BIHAR Bihar
2. Nayaneek Narayan Son of Narmadeshwar Azad Resident of Mohalla – Jail
Road Ward No.6, P.S.- Dumra, District- Sitamarhi

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani, Advocate
For the Opposite Party/s : Ms. Anita Kumari

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER

4 13-08-2019 Pursuant to the agreement between the parties
as also the order dated 30.07.2019, a joint affidavit has
been filed today in Court.

This Court has been informed that the first
installment of Rs. 7.5 lakhs has already been paid to
Deepa Kumari by her husband. The balance amount
shall be paid, as promised, in two installments
immediately after the decree of divorce by mutual
consent is passed. The contents of the agreement are as
hereunder:

2. The first party has agreed to pay Rs.
20,00,000/- (Rs. Twenty lacs only) to the
second party. The amount will be paid in two
instalments through bank draft. The details of
the first instalment through bank drafts of Rs.

Patna High Court CR. MISC. No.40550 of 2019(4) dt.13-08-2019
2/7

2,50,000/- Rs. 5,00,000/- are DD No.
103412 103413 dated 02.08.2019
respectively. The second party shall give
acknowledgement of the payment of aforesaid
amount by the first party immediately on the
receipt of the drafts of aforesaid amount.

Copy of the DD No.
103412 103413
dated 02.08.2019 is
being annexed herewith
and marked as
Annexure-1 to this
application.

3. That the Second Party agrees not to raise any
dispute and also undertakes that she shall not
file any civil, criminal or any type of such case
with regard to the alimony, Stridhan and
maintenance for her in future against the First
Party or any family members of the First Party.

4. That both the parties shall make no further
claim/right against any movable or immovable
property of each other party or their family
members.

5. That there is no dispute remains between
parties regarding the gift, ornament or other
utensils or any stridhan of party of second part
and anything of party of first part, all dues are
settled mutually by both the parties.

6. That Both the parties hereto agrees and
undertakes that they shall not raise any civil,
criminal litigation or any other litigation with
regard to their matrimonial discord after the
execution of the instant mutual settlement deed.

7. That Both the parties further agrees and
Patna High Court CR. MISC. No.40550 of 2019(4) dt.13-08-2019
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undertakes not to make any derogatory or
defamatory remarks against each other or
against the members of their extended families.

8. That both the parties undertakes and agrees
that in any case if any dispute arises or raise, by
or between the parties prior to the dissolution of
marriage or after the execution of the mutual
settlement deed, both the parties undertake that
the same shall be settled amicably and mutually
between them.

9. That both the parties hereto agrees and
undertakes that they shall not raise or file any
civil, criminal litigation or any other litigation
against each other or against the members of
their families and to their extended families after
the getting the decree of mutual consent of
Divorce.

10. That by signing this Deed both the parties
hereto affirm that they shall duly cooperate with
each other to get mutually separated as per the
law of land and First Party has no further claims
or demands against each other remained
unfulfilled and all the disputes and differences
with regard to their dissolution of marriage,
stridhan, alimony, maintenance which have been
amicably and mutually been settled.

11. That Both the parties undertake and affirm
to abide by the terms and conditions set out in
the above mutual settlement Deed and not to
dispute the same in future hereinafter the
execution of the present mutual settlement
deed.

12. That both the parties agrees that if any of
above parties backs out from this compromise
deed then other party has a legal right to
Patna High Court CR. MISC. No.40550 of 2019(4) dt.13-08-2019
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enforce the terms and conditions of this
compromise deed through due process of law.

13. The parties agree to file a copy of this
compromise-cum-agreement in Criminal
Miscellaneous Case No. 40550 of 2019 and the
Second party agrees to withdraw all the cases
(1) 1700/16-498A-SDJM, Sadar, Sitamarhi, (2)
Misc. Case No. 5/17-Domestic Violence ACJM-5,
Sitamarhi, (3) 34/17 – Maintenance – Family
Court – Sitamarhi, (4) Cr. Misc. No. 40550/19 –
quashing of recall order High Court, Patna, (5)
Cr. Misc. No. 8075/18 – quashing of Cognizance

– High Court, Patna, (6) Cr. Rev. No. 591/19 –
Interim maintenance High Court, Patna.

14. The parties agree to file a copy of this
compromise-cum-agreement in Cr. Misc. No.
40550 of 2019 and all the cases filed by parties
against each other, at all forums, shall in the
meanwhile will be withdrawn, the second party
after the receipt of the entire amount Rs.
20,00,000/- (Rs. Twenty lacs only), agrees to
file a petition before the Family Court to waive
the period of cooling off to facilitate
pronouncement of decree of divorce by mutual
consent.

15. That it is submitted that the second and the
final instalment bank demand draft will be
handed over the second party only after the
filing of the Divorce petition by mutual consent
in family court, Sitamarhi.

16. The parties henceforth shall have no relation
whatsoever, with each other. The parties agree
not to indulge in future litigations with each
other after entering into this compromise-cum-
agreement.

Patna High Court CR. MISC. No.40550 of 2019(4) dt.13-08-2019
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17. The parties agree to co-operate and facilitate
each other with regard to all the connected
matters pending before the Civil Court or High
Court or any other Courts.

18. The parties agree to sign an undertaking on
Affidavit with regard to withdrawal of their
respective cases and all connected matters
pending before the Civil Court or High Court or
any other Courts.

19. That the parties mutually agree to abide by
the terms and conditions of this compromise-
cum-agreement

IN WITNESS WHEREOF, the parties to
this COMPROMIS-CUM-AGREEMENT, have put
their respective signatures.

FIRST PARTY SECOND PARTY

(Nayaneek Naran) (Deepa Kumari)

WITNESS:

1. ………………………………..

2. ………………………………..

The parties are present before this Court.
Despite filing of joint affidavit, there were some minor
hiccups in the unconditional settlement of dispute but
those initial complications appear to have melted after
this Court made the parties understand that if they are
parting on amicable terms, minor issues should not be
raked up.

The parties shall abide by the terms of the
Patna High Court CR. MISC. No.40550 of 2019(4) dt.13-08-2019
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agreement.

Deepa Kumari, who is present in Court has
assured that she would not dilly-dalling in signing the
application which shall be filed shortly before the
competent court for divorce by mutual consent.
Notwithstanding the stage at which the money has been
agreed to be paid, the counsel for the husband has
stated that the entire amount shall be paid by 14 th of
October, 2019.

As decided between the parties, necessary
application shall be filed before the concerned
Family Court for waiving of the cooling off period for
granting divorce by mutual consent.

This Court has agreed to such an agreement
between the parties for the reason that the spouses are
young in age and they need to be freed from the bonds
of a relationship which is not possible to be continued
any further. The pendency of such petitions before any
court of law would prevent the parties from pursuing
their career options unimpededly.

Today, the father of Deepa Kumari is also
present along with her. This Court, on the last occasion,
had found the absence of the father of Deepa Kumari to
conspicuous in the event of the father of the husband
being present in the Court. The father of Deepa Kumari
Patna High Court CR. MISC. No.40550 of 2019(4) dt.13-08-2019
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has also attested to the fact that the joint affidavit of
settlement by the parties is without any pressure or
coercion exerted on any party.

Re-notify on 14.10.2019, on which date the
balance agreed amount shall be paid.

(Ashutosh Kumar, J)

krishna/-

U T

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