Patna High CourtCR. MISC./47013/2017bail granted

Md. Rizwan Nadaf @ Md. Rizwan v. State Of Bihar And ANR

2017-12-19Mr. Justice Sudhir Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47013 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Md. Rizwan Nadaf @ Md. Rizwan .... .... Petitioner

Versus

State of Bihar & Anr .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the O.P. No.2.

The petitioner is apprehending his arrest for the offence instituted under Sections 498A, 341, 323, 379 of the Indian Penal Code and 3⁄4 of D.P. Act The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

Vide order dated 22.09.2017, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna. It has been reported that the matter has already been settled between the parties. The report of the mediator is as follows:- Patna High Court Mediation Centre Memorandum of Agreement

2/4 Mediation Proceeding No.884 of 2017 [Arising out of Cr. Misc. No.470 of 2017] An agreement made on 13.12.2017 at the Patna High Court Mediation Centre, between Md. Rizwan Nadaf @ Md. Rizwan, Son of Wasir Nadaf, R/v Simali, P.S.-Khirhar, District-Madhubani................Petitioner/s. And Rozida Khatoon, D/o Jumrati Nadaf, R/v Basbariya, P.S.Saharghat, District-Madhubani ........Opposite Party No.2. The present mediation proceeding initiated in view of the order passed in the aforesaid case by the Hon'ble High Court, Patna. The First Party and the Second party have participated in this mediation proceeding. The petitioner and the opposite party No.2 are ready to settle their mutual dispute amicably under the one time settlement on the following terms and conditions:-

1. That the First party shall make payment of Rs. 1,00,000/- (Rupees One Lakh only) to the Second party in the three instalments in cash, First party paying to Second party of cash of Rs. 20,000/- (Rupees twenty thousand) today. He will pay rest amount in equal instalments within three month (i.e. Rs. 80,000/-).

2. That it is made clear that both parties will be withdrawn their Civil as well as Criminal cases pending between them before the payment.

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3. That it is also made clear that in coming future the Second party will not make any claim like maintenance and other against the First party and his family members.

4. That the son of the First party and the Second party from today will be free and independent for solemnization of another marriage after the settlement. It also clears that in near future both the parties will not file any Criminal case against each other.

5. That the First party and the Second party from today will not interfere in the personal life of each other.

6. That the Second party will provide acknowledge receipt of receiving the aforesaid payment of the instalments to the First party at the time of receiving the same.

7. That the aforesaid contents of the agreement have been read over and explained into Hindi, which have fully been understood and accepted by the parties.

Hence, in the above terms and conditions a settlement has been arrived between the parties and both have signed in presence of their respective learned counsel, who have also put their signature on this agreement. (Md. Rizwan Nadaf) ( Rozida Khatoon) Signature father of the petitioner Signature of the Opposite party No.2 date- 13.12.2017 date- 13.12.2017

4/4 Signature of the petitioner Advocate Signature of the Opposite party No.2 Advocate A.O.R. No.- A.O.R. No.- Date-13.12.2017 Date-13.12.2017. Considering the fact that the matter has been settled between the parties, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.80 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Benipatti, Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T