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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.
