Iffat Ruba v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5486 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Iffat Ruba Wife of Md. Aurangabad Dughter of Md. Manzoor Ahmad, Resident of Bottom Bridge, P.S. Civil Lines, Gaya in the Distict of Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Aurangjeb Son of Md. Shamsuddin Resident of Mohalla- Karimganj, P.S. Civil Lines, in the District of Gaya.

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

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Narsing Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2017 Pursuant to the order, dated 06.12.2016, the petitioner and the Opposite Party No. 2 are personally present along with their respective Counsel.

Though this application has been filed seeking cancellation of bail granted to Opposite Party No. 2 in connection with Civil Lines Police Station Case No. 153 of 2015, registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, this order is being passed with the consent of the parties in the larger interest and in the ends of justice.

The petitioner and the Opposite Party No. 2 are wife and husband. It has transpired in course of in-camera proceeding that their matrimonial relationship cannot

Patna High Court Cr.Misc. No.5486 of 2016 (7) dt.10-01-2017 2/2 sustain and continue any more because of the nature of differences, which they are having. In such circumstance, they have agreed to get the dispute settled by one-time measure.

The Opposite Party No. 2 has agreed that he will be paying the petitioner a total sum of Rs. 3,00,000/- (three lakhs) within six months from today in equal monthly instalments of Rs. 50,000/- per month, to be paid in the second week of each month. Once the said amount is paid, the parties shall not pursue any litigation pending against each other in any Court.

Accordingly, it is ordered that once the said amount is paid, strictly in terms of the present order, the criminal proceeding arising out of said Civil Lines Police Station Case No. 153 of 2015 stand quashed.

Immediately, after six months, parties shall go for dissolution of the marriage with consent in accordance with law.

The parties have also agreed that none of them will object to the dissolution of the marriage. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √