Arjun Kumar Chaudhary @ Arjun Chaudhary And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41238 of 2013 Arising Out of PS.Case No. -560 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Arjun Kumar Chaudhary @ Arjun Chaudhary S/O Laxmi Chaudhary

2. Laxmi Chaudhary S/O Late Shiv Lal Chaudhary

3. Ramchandra Chaudhary S/O Late Shiv Lal Chaudhary

4. Meena Devi W/O Laxmi Chaudhary All are resident of Mohalla - Dadar Mandi, Post - Gulzar Bag, P.S. Alamganj, District - Patna .... .... Petitioners

Versus

1. The State of Bihar

2. Neha Kumari W/O Arjun Kumar Chaudhary @ Arjun Chaudhary D/O Upendra Prasad Chaudhary, Resident of Mohalla - Bhikhna Pahari, P.S. Pirbahore, District - Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-11-2016 The present matter was earlier referred to the Mediation Centre, Patna High Court for settling the dispute. The report of the Mediator has been brought on record at Flag-A, which suggests that the parties had earlier resolved to settle the dispute subject to certain payment, as indicated in the Report. The report further indicates that since the petitioners had not paid the agreed amount and instead handed over photo copy of the bank draft, the Opp.Party no.2/complainant refused to put signature. The Court is of the opinion that since both parties have already agreed to settle the dispute, it would be advisable that

Patna High Court Cr.Misc. No.41238 of 2013 (9) dt.21-11-2016 2/2 both parties may appear before the court below and file a compromise petition in terms of draft memorandum of agreement, as prepared by the Mediator. If such petition is filed before the court below in terms of the report of the Mediator and the petitioners make payment as indicated in the report, the learned court below may pass appropriate order, so that the matter may finally be disposed of. Such order must be passed within a period of four week from the date of filing of such compromise petition. The petition stands disposed of.

In view of disposal of the present petition, interim order of stay passed earlier in this case stands automatically vacated.

(Rakesh Kumar, J) NKS/- U T