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Sakina Begum vs The State Of Bihar And Ors on 5 September, 2019

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.
Patna High Court CR. REV. No.521 of 2018 dt.05-09-2019
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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.

Patna High Court CR. REV. No.521 of 2018 dt.05-09-2019
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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.

Patna High Court CR. REV. No.521 of 2018 dt.05-09-2019
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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.
Patna High Court CR. REV. No.521 of 2018 dt.05-09-2019
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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

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