Md. Abu Nasar @ Abu Nasar @ Chahd v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18164 of 2019 Arising Out of PS. Case No.-237 Year-2018 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Md. Abu Nasar @ Abu Nasar @ Chahd Son of Late Fahimuddin @ Md. Fahim Resident of Mohalla - Hussainabad, P.S.- Babarganj (Mojahidpur), Distt - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tanweer Farooq @ Tanweer Sufiia Wife of Md. Abu Nasar @ Abu Nasar @ Chand, D/o Late Md. Farooq Azam Resident of Mohalla - Barahpura, P.S.- Ishakchakchak, Distt - Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Syed Masleh Uddin Ashraf, Advoate For the State :

Mr. Shyameshwar Dayal, APP For opposite party No.2 :

Mr. Ranajan Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner. learned APP for the State and learned counsel for the opposite party No.2. The petitioner was granted provisional bail by order dated 02.04.2019 and the matter was referred to the Patna High Court, Mediation and Conciliation Center for settlement. As per the report of the Mediator, the matter has been settled between the parties.

The following are the terms and conditions of settlement:- Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No.270 of 2019 [Arising out of Cr.Misc.No.18164 of 2019] An agreement made on 15.07.2019 at the Patna High Court

2/4 Mediation Centre, between.

Md. Abu Nasar @ Abu Nasar @ Chahd, Son of Late Fahimuddin @ Md. Fahim, resident of Mohalla Hussainabad, P.S. Babarganj (Mojahidpur), District Bhagalpur ---- (First Party).

And Tanweer Farooq @ Tanweer Sufia, wife of Md. Abu Nasar @ Abu Nasar @ Chand, D/o Late Md. Farooq Azam, resident of Mohalla Barahpura, P.S. Ishakchakchak, District Bhagalpur ----- (Second party).

By an order dated 02.04.2019 passed by Hon'ble Mr. Justice Mohit Kumar Sah, the present matter was sent to the Patna High Court Mediation and Conciliation Centre for mediation and one time settlement. Both the parties along with their respective Lawyers appeared on different dates at Mediation Centre and after tremendous efforts made by the respected Mediator and their Layers both the parties agreed to settle their dispute and conditions by way of one time settlement:- Terms and Conditions of Compromise/Settlement

1. Both the parties have agreed to settle their dispute and disagreement by way of one time monetary settlement.

2. In pursuance thereof opposite party (wife) has agreed to receive Rs.3,00,000/- (Three Lakhs only) to which the petitioner (husband) is ready to pay the same.

3. A demand draft of Rs.3,00,000/- (Three Lakhs) vide D.D. No.994759, dated 11.07.2019 of Allahabad Bank issued in favour of Tanweer Farooque (O.P./wife) is being handed over to her in presence of the Mediator as well as their respective Lawyers, to which she received and endorsed the receipt on Mediation Proceeding.

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4. It is also agreed by both the parties that they will take appropriate steps to withdraw their cases, pending in different courts, arising out of the said matrimonial dispute.

5. It is also agreed by both the parties that they will not institute any case civil/criminal arising out of the said matrimonial dispute.

6. It is further agreed by both the parties that they will be separated from each other by pronouncing Talaq/Khula confirmed by the competent court of law.

7. It is made clear that nothing is due, either cash or kind, to either of the party and none of the party will claim anything in future concerning with the said matrimonial.

8. Both the parties have read over the contents of the compromise/settlement and agreeing with the same put their signature in presence of the Mediator as well as their respective Lawyers.

Sd/- Sd/- (Md. Abu Nasar) (Tanweer Farooq) Signature of the petitioner Signature of the opposite party No.2 Date-15.07.2019 Date-15.07.2019 Sd/- Sd/- Signature of the witness Signature of the witness Sd/- Sd/- Signature of the petitioner Advocate Signature of the opposite party No.2 Advocate A.O.R. No.-00108 A.O.R. No.-00181 Date-15.07.2019 Date-15.07.2019 Considering that the matter has been settled between the parties, the provisional bail granted to the petitioner by order dated 02.04.2019 is, hereby, confirmed in connection with Ishakchak P.S. case No.237 of 2018 pending in the court of

4/4 Chief Judicial Magistrate, Bhagalpur.

(Sudhir Singh, J) Narendra/- U T