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Judgments of Supreme Court of India and High Courts

Md. Afsar Hussain Parvez vs The State Of Bihar on 16 November, 2018

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 1404 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NO. 4190 OF 2018]

MD. AFSAR HUSSAIN PARVEZ ORS. Appellant(s)

VERSUS

THE STATE OF BIHAR ANR. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellants are before this Court, aggrieved

by the order dated 18.10.2017 passed by the High

Court of Judicature at Patna. The High Court

declined to interfere with the process issued by the

criminal court in a proceeding initiated under the

provisions of the Protection of Women from SectionDomestic

Violence Act, 2005.

3. When the matter came up before this Court,

finding that there is an element of settlement, with

their consent, the parties were referred to Supreme

Court Mediation Center.

Signature Not Verified

4. Today, the first appellant and the second
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.12.24
16:39:49 IST
Reason:

respondent are present before this Court. We are

happy to note that the parties have settled their
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disputes before the mediation center and they have

also reduced the terms of agreement by way of a

Settlement Agreement. The Settlement Agreement, duly

signed by the parties and their respective counsel

and the learned mediator, is taken on record. The

same shall form part of the decree. This appeal is

disposed of in terms of the Settlement Agreement

dated 15.11.2018.

5. We make it clear that there shall be no coercive

action against each other during the time the parties

have sought for completion of their respective

obligations under the Settlement Agreement.

6. Needless to say that the non-bailable warrants

issued against the first appellant will be kept in

abeyance. It is made clear that in case the

respective obligations are discharged, the warrants

will stand recalled on that date.

7. In terms of the settlement, today the first

appellant has handed over a cheque for an amount of

Rs. 5 Lakhs to the second respondent, which has been

duly acknowledged by the second respondent.

8. We record our appreciation for the strenuous

efforts taken by Ms. Nandini Gore, the learned
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mediator, and the cooperation extended by the learned

counsel on both sides and the parties themselves.

…………………..J.

[ KURIAN JOSEPH ]

…………………..J.

[ HEMANT GUPTA ]

New Delhi;

November 16, 2018.

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