Abhinav Kshitij v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48730 of 2023 Arising Out of PS. Case No.-52 Year-2021 Thana- DIDARGANJ District- Patna ====================================================== ABHINAV KSHITIJ S/O PRAVEEN KUMAR SINGH RESIDENT OF ROAD NO. 7 VISHWANATH NAGAR PS. MUFASIL BEGUSARAI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

SURUCHI RAJ W/O ABHINAV KHISTIJ RESIDENT OF PUNADIH, PS. DIDARGANJ, DIST. PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner, learned Senior counsel for the opposite party no. 2 and learned Additional Public Prosecutor.

2. Pursuant to the order dated 01.08.2023, both the parties have appeared and also filed their affidavits and counter affidavits.

3. Both the parties want to end the dispute by filing an application for divorce with mutual consent .

4. In these circumstances, the impugned order by which the application filed for permission to travel abroad for pursuing MBA course at Oxford University has been refused is stayed.

Patna High Court CR. MISC. No.48730 of 2023(3) dt.08-08-2023 2/3

5. The petitioner is permitted to travel to England for higher studies. Before going to England, the petitioner and the opposite party no. 2 will file an application for divorce with mutual consent in the Family Court, Patna. Before filing, the petitioner will give the Demand Draft of Rs. 8 lakhs to opposite party no. 2.

6. Both the parties have agreed to settle their dispute on all the matrimonial cases including the criminal cases after the petitioner pays total of Rs. 20 lakhs. The petitioner has agreed to pay Rs. 8 lakhs by tomorrow to the opposite party no. 2.

7. After the opposite party no. 2 receives the amount of Rs. 8 Lakhs, the parties will file divorce on mutual consent. The divorce shall be finalized after the entire amount of Rs. 20 Lakh is paid to the opposite party no. 2. The total amount must be paid to the opposite party no. 2 before 31.10.2024.

8. During the pendency of this case, the operation of the order dated 10.07.2023 passed by the S.D.J.M., Patna City in connection with Didarganj P.S. Case No. 52/2021 (G.R. No. 807/2021) shall remain stayed, but the demand draft of Rs. 8 lakh which is due shall be handed over to the opposite party 2 in the Court below and the same shall be released by the Court

Patna High Court CR. MISC. No.48730 of 2023(3) dt.08-08-2023 3/3 below in favour of the opposite party no. 2.

9. The parties are directed to file a compromise petition in all the cases pending between the parties in the Court below also.

(Sandeep Kumar, J) Sunnykr/- U T