Md. Sarfraj Alam @ Sarfaraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41022 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. SARFRAJ ALAM @ SARFARAJ ALAM Son of Md. Amiruddin Ansari Resident of Village-Alam Tola, Forbesganj, Ward No.23, P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

SANA PARWEEN D/o Nazir, Advocate, W/o Md. Sarfraj Alam Resident of Mohalla- Muzaffar Ahmad Nagar Naghopada, Ward No.28, P.S.- K. Hat Sahayak, District- Purnea.

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

For the Petitioner/s :

Mr.Birendra Narayan Sharma For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2022 Heard learned counsel for the parties.

This application for anticipatory bail arises out of C.A. No. 104 of 2021 for the offence punishable under Sections 498A, 323, 120-B of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

Learned counsel for the petitioner, apart from disputing the allegations, has submitted that both the parties had settled their disputes in the Court of the Principal Judge, Family Court, Purnea and they have filed a compromise petition, in which in paragraph no.8 they have mentioned that the girl will accept an amount of Rs. 14,11000/- by way of demand draft

Patna High Court CR. MISC. No.41022 of 2021(9) dt.25-04-2022 2/3 and thereafter they will file their compromise petition in K. Hat P.S. Case No. 212 of 2021 registered under Section 498-A of the Indian Penal Code and Complaint Case No. 185C of 2021 and they will not interfere in the life of the parties. Pursuant to the compromise, the father of the girl and the girl have accepted the demand draft of Rs. 14,11000/- in the Court below on 15.12.2021 and the girl as well as her father have given this in writing in the Court below. In these circumstances, the opposite party no.2 is not well advised to pursue the cases after having accepted the money from the petitioner as full and final settlement of all the disputes between them.

Sri Vikramdeo Singh, learned counsel appearing for the petitioner, pursuant to a compromise as a gesture of goodwill, has produced a demand draft of Rs.1,00,000/- (One Lakh) in the name of opposite party No. 2 for conclusion of all the cases.

Sri Ajit Kumar Singh, learned counsel appearing for opposite party no.2, is being handed over the demand draft of Rs.1,00,000/- (One Lakh) in Court and is agreeable for termination of all the proceedings, as mentioned above, and is also agreeable for divorce.

Patna High Court CR. MISC. No.41022 of 2021(9) dt.25-04-2022 3/3 Learned counsel for the petitioner submits that the petitioner has no objection to the same and the petitioner will take steps for divorce, if already not taken, within a period of fifteen days from today.

With consent of the parties, the Complaint Case viz. C.A. No. 104 of 2021, pending in the Court of learned Chief Judicial Magistrate, Purnea or any transferee Magistrate, K. Hat P.S. Case No. 212 of 2021 and Complaint Case No. 185(C) of 2021 pending in the Court of learned A.C.J.M., Purnea or any transferee Magistrate, are hereby quashed.

This application stands disposed of in the above terms. (Sandeep Kumar, J) Saif/- U T