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Smt. Kalyani Kunwar @ Rani & Ors. vs The State Of Bihar & Anr. on 21 March, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.282 of 2012

1. Smt. Kalyani Kunwar @ Rani, W/O Akhilanand Kunwar @
Kalyanji
2. Kusum Kumari, Minor daughter of Akhilanand Kunwar,
3. Phool Kumari, Minor daughter of Aklilanand Kunwar
2 and 3 are represented under the guardianship of natural
guardian their mother, Smt. Kalyani Kunwar @ Rani, resident of
c/o Phanindra Jha, P.S.Manigachhi, Distt-Darbhanga
… … Petitioners
Versus
1. The State Of Bihar
2. Akhilanand Kunwar @ Kalyanji S/O Late Sunil Kumar Kunwar, resident of
Vasundhara Garden Patna, Khatal Road Mohrabadi, Ranchi, Jharkhand

… … Respondents

with
Criminal Miscellaneous No. 17854 of 2014
Arising Out of PS. Case No.-6 Year-2013 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga

Akhila Nand Kumar @ Kalyan Jee, Resident of Village- Putayee, P.S-
Manigachhi, District- Darbhanga.

… … Petitioner
Versus
1. The State Of Bihar
2. Kalyani Kuar @ Rani W/o Akhila Nan Kumar @ Kalyan Jee Resident of
Village Putayee, P.S- Manigachhi, District- Darbhanga, at present D/o
Fanindra Chandra Jha, P.S- Manigachhi, District- Darbhanga.

… … Opposite Party/s

Appearance :
(In Criminal Revision No. 282 of 2012)
For the Petitioner/s : Mr. Girish Chandra Jha
For the State : Mr. Dr. M. K. Gautam (APP)
For respondent no. 2 : Mr. S. N. P. Singh
Mr. Naresh Nandan
(In Criminal Miscellaneous No. 17854 of 2014)
For the Petitioner/s : Mr. Anjani Kumar Sinha
For the Opposite Party/s : Mr. ASHOK KR. SINGH (APP)

CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER

26 21-03-2018 CRIMINAL REVISION NO. 282 OF 2012

When the matter was taken up on 14.03.2018, the Court
Patna High Court CR. REV. No.282 of 2012(26) dt.21-03-2018
2/4

was informed that the parties intended to resolve their disputes

amicably. A draft compromise petition was presented before the

Court, along with the cheques, bearing nos. 502593, 502594 and

502595, worth Rs. 8,00,000/- (eight lakhs), issued in the name

of Kalyani Devi, who is mother of the petitioner nos. 2 and 3.

A joint compromise petition has, now, been filed, being I.

A. No. 822 of 2018, stating, in paragraphs 2 to 8, as follows:-

“2. That due to intervention of well wishers
and relatives of both the parties (Husband and
wife), they have become ready to compromise
the matter.

3. That it was further decided that all the
cases pending between the parties, both civil
and criminal, shall be withdrawn and there shall
be no claim against each other. The parties will
take steps for divorce by mutual consent before
appropriate court.

4. That the opposite party no. 2 (Husband)
will pay Rs. 8 lacs to the petitioner (wife) in
three installments. The time shall recon from
20th May, 2018.

5. That the opposite party no. 2 (husband)
give 1st installment of Rs. 3 lacs by a post-dated
cheque, vide no. 502593, dated 20.05.2018, of
Canara Bank and 2nd installment of Rs. 2.5 lacs
by cheque, vide no. 502594, dated 30.07.2018,
the third installment by a cheque vide no.

Patna High Court CR. REV. No.282 of 2012(26) dt.21-03-2018
3/4

502595, of Rs. 2.5 lacs, dated 10.10.2018, of the
said bank in the name of the petitioner (Kalyani
Devi, wife).

6. That after payment of last installment of
Rs. 2.5 lacs on 10.10.2018, to the petitioner, she
shall withdraw all the cases, i.e. civil and
criminal which has been instituted against the
opposite party no. 2 (husband) including the
present case.

7. That in view of compromise by way of
one-time settlement, the parties (husband and
wife) do not want to proceed further in any case
filed against each other.

8. That the maintenance of the minor
daughters will be included in this amount to
which is being paid to the mother, but the right
and title of the said daughters shall always lie
with the share of their father in the properties.”

In the present application, the petitioner is aggrieved by an

order, dated 11.04.2011, passed by learned Principal Judge,

Family Court, Darbhanga, whereby he had partly allowed her

maintenance case under Section 125 of the Code of Criminal

Procedure, 1973, and had directed to pay a sum of Rs. 300/-

(three hundred) to the petitioners 2 and 3.

The cheques, as mentioned above, have been handed over

to Kalyani Devi, who is present in Court.
Patna High Court CR. REV. No.282 of 2012(26) dt.21-03-2018
4/4

Learned Counsel for the petitioners has submitted that

some of the cheques are post-dated and the compromise is

subject to payment of entire amount of compromise.

It is observed that in case any of the cheques remains

unpaid for any reason whatsoever because of the latches on the

part of the Opposite Party No. 2, the petitioner shall be at liberty

to approach this Court by making appropriate application.

The present criminal revision application stands disposed

of in terms of the compromise petition.

CRIMINAL MISC. NO. 17854 OF 2014

The provisional anticipatory bail, granted to the petitioner,

by order, dated 15.05.2014, passed in this case, is hereby

confirmed.

(Chakradhari Sharan Singh, J)
Prabhakar Anand/-

U √ T √

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