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Patna High CourtCR. MISC./71366/2018disposed

Pawan Sah @ Pawan Kumar v. The State Of Bihar

2019-06-10Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71366 of 2018 Arising Out of PS. Case No.-96 Year-2016 Thana- MAHILA P.S. District- Saharsa ====================================================== Pawan Sah @ Pawan Kumar S/o Prakash Sah Resident of VillageKashnagar,P.S. Sonbarsa Raj Kashnagar O.P.,Distt.-Saharsa ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-06-2019 Shri Gopal Kumar Jha, learned counsel has submitted that Shri Amarnath Jha, Advocate is on behalf of O.P. No.2 who has informed from Bailey Road that he is coming but, up till 09:40 AM his appearance could not be.

It happens to be a matrimonial dispute whereupon, vide order dated 05.03.2019, the matter was referred to Conciliation and Mediation Centre, Patna High Court, Patna. The report of the mediator Dr. Anjani Prasad Singh dated 30.05.2019 is available on the record wherefrom, it is evident that parties have agreed upon one time settlement. That being so, the parties are directed to appear before the learned lower court with a compromise petition and the learned lower court will pursue the matter in terms of compromise as agreed by way of one time settlement to a tune of Rs.150,000/-.

Patna High Court CR. MISC. No.71366 of 2018(5) dt.10-06-2019 2/2 Furthermore, the learned lower court will also consider privilege being enjoyed by the petitioner in accordance with Section 41 of the Cr.P.C, more particularly, in the background of guidelines so prescribed by the Hon'ble Apex Court in Arnesh Kumar case inconsonance with the subsequent development as indicated herein above. In terms thereof, instant petition is disposed of.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T