IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No. 521 of 2018
Arising Out of P.S. Case No.-10 Year-2012 Thana- MAHILA PS District- Buxar
Sakina Begum, Wife of Abid Hussain, Resident of Village- Chousa near
Durga Mandir, P.S.- Buxar (Muffasil) District- Buxar. At Present Sakina
Begum Daughter of Late Abdul Sattar, Resident of 115/241 Maswanpur, P.S.-
Kalyanpur, District- Kanpur.
… … Petitioner/s
Versus
1. The State of Bihar
2. Abid Hussain Son of Md. Ekbal.
3. Jubaida Begum Wife of Md. Ekbal.
4. Md. Ekbal Son of Late Abdul Samman, All Resident of Village- Chousa,
near Durga Mandir P.S.- Buxar (Muffasil), District- Buxar.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha and
Mr. Akhilesh Kumar Pandey,
Advocates
For the Opposite Parties No. 2 to 4 : Mr. Arun Kumar Gupta, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 05-09-2019
Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the opposite parties no. 2 to
4.
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2. The petitioner has moved the Court under Sections
397 and Section401 of the Code of Criminal Procedure, 1973, against the
judgment dated 23.02.2018 passed in Cr. Appeal No. 40 of 2017,
by the Additional District and Sessions Judge, VI, Buxar by which
the judgment and order dated 19.06.2017 passed in GR No. 1310
of 2012/Registration No. 7705 of 2013, by the SDJM, Buxar has
been modified with regard to conviction and sentence of the
opposite parties no. 2 to 4.
3. The petitioner is the wife of the opposite party no. 2.
She had filed the case alleging demand of dowry and torture and
also assault against the opposite parties no. 2 to 4, in which, upon
trial, the opposite parties no. 2 to 4 were convicted under Sections
325 and Section498A of the Indian Penal Code and sentenced to undergo
rigorous imprisonment of three years and fine of Rs. 5,000/- and
in default of payment of fine to undergo six months simple
imprisonment under Section 498A of the Indian Penal Code and to
undergo rigorous imprisonment for three years and fine of Rs.
5,000/- and in default of payment of fine, six months simple
imprisonment under Section 325 of the Indian Penal Code and six
months imprisonment and fine of Rs. 1,000/- and in default to
undergo one month simple imprisonment under Section 4 of the
Dowry Prohibition Act.
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4. On appeal, the conviction was interfered with and
they were acquitted under the aforesaid Sections but held guilty
under Section 323 of the Indian Penal Code and it was directed
that the trial Court upon their appearance, would discharge them
after admonition giving them benefit of Section 3 of the Probation
of Offenders Act. The same has been assailed in the present
application by the petitioner who was the informant in the said
case.
5. Earlier, the matter was adjourned on a few occasions
to enable learned counsel for the parties to inform the Court as to
whether they were ready for a settlement in view of the fact that
basically the issue relates to matrimonial discord. Today, learned
counsel for the parties submitted that they are agreeable to a one
time settlement. It was submitted that the opposite parties no. 2 to
4 shall pay Rs. 2 lakhs to the petitioner under the said terms and
the petitioner shall compromise in Divorce Case No. 68 of 2016,
pending before the Principal Judge, Family Court, Buxar and
Maintenance Case No. 164 of 2013 also pending before the
Principal Judge, Family Court, Buxar. The petitioner also agreed
not to press the present application.
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6. Having regard to the aforesaid, the application stands
disposed off in terms of the compromise arrived between the
parties which is recorded hereinunder:
(i) The opposite parties no. 2 to 4 shall pay Rs. 2 lakhs
to the petitioner, either in one go or in installments, but the same
shall be paid lastest by 30th April, 2020. Thereafter, an affidavit
shall be filed on behalf of the opposite parties no. 2 to 4, latest by
10th May, 2020, by way of an Interlocutory Application in the
present case itself bringing on record materials showing payment
of Rs. 2 lakhs.
(ii) In the meantime, the opposite party no. 2 shall not
press the Divorce case and the petitioner shall not press her
Maintenance case.
(iii) After the entire amount of Rs. 2 lakhs is paid by 30th
April, 2020, the petitioner shall file a petition in Divorce case with
regard to her not opposing the divorce. The Court below shall
pass appropriate orders in terms thereof within one month from
the date of filing of the compromise petition.
(iv) The petitioner shall also, upon receiving Rs. 2 lakhs
withdraw her Maintenance case filed before the Court below
within one month of Rs. 2 lakhs being paid to her.
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7. Learned counsel for the petitioner agrees to provide
the Bank details of the petitioner to learned counsel for the
opposite parties no. 2 to 4, within two weeks from today so that
payment can be made in favour of the petitioner in such account of
the petitioner.
8. The Lower Court Records be returned forthwith.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T