Purusottam Chandra Prasad @ Purusotam Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55338 of 2017 Arising Out of PS. Case No.-521 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Purusottam Chandra Prasad @ Purusotam Prasad, S/o Satish Chandra Prasad, Resident of Ashiyana Road Excise Colony, Flat No. 168, Sector No.- 2, Ram Nagari, P.S.- Rajiv Nagar, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Mamta Devi, Wife of Purusottam Chandra Prasad @ Purusotam Prasad, resident of Ashiyana Road Excise Colony, Flat No. 168, Sector No- 2, (Ram Nagari), P.S. Rajiv Nagar, District- Patna, Daughter of Ram Pravesh Ram, R/o Haldi Chhapra Nayaka Tola, P.S. Maner, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Ranjan Kumar For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2018 None appears on behalf of the opposite party No.2. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
By order dated 18.12.2017, the matter was referred to the Patna High Court, Mediation Centre. As per the report of the
2/4 Mediator, the matter has been settled between the parties. Following is the report of the Mediator :
Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No.04 of 2018 [Arising out of Cr.Misc.No.55338 of 2017] An agreement made on 02.04.2018 at the High Court Mediation Centre, between.
Purushottam Chandra Prasad @ Purusotam Prasad, son of Satish Chandra Prasad, resident of Ashiyana Road Excise Colony, Flat No.168, Sector No.2, Ram Nagari, P.S. Rajiv Nagar, District Patna ------ Petitioner And Mamta Devi, wife of Purusottam Chandra Prasad @ Purushotam Prasad, son of Satish Chandra Prasad, resident of Ashiyana Road Excise Colony, Flat No.168, Sector No.2, Ram Nagari, P.S. Rajiv Nagar, District Patna, daughter of Ram Pravesh Ram, R/o Haldi Chhapra Nayaka Tola, P.S. Maner, District Patna ----- Opposite party No.2 The petitioner (Purushottam Chandra Prasad) and the opposite party No.2 (Mamta Devi @ Mamta Kumari) are present with their respective counsels namely, Mr. Prem Ranjan Kumar, Advocate and Mr. Depak Kumar, Advocate.
As per the agreement arrived at between the parties on 29.03.2018, the parties are resolving their disputes by way of one time settlement, on following terms:-
1. The petitioner is handing over the demand draft of Rs.50,000/- (Rupees Fifty Thousand) bearing No.828790 dated 31.03.2018 to the opposite party No.2 as final one time settlement amount.
2. That after signing this one time settlement agreement both the parties have agreed to part away from each other and they will be free to lead their independent life.
3. That as there is no any kid born out of this wedlock, between the parties, therefore the opposite party No.2 will not make any further claim from the petitioner in future.
4. Parties have further agreed that they will file
3/4 mutual divorce petition before the competent court.
5. Parties have further agreed that both the parties will take steps to withdraw all the cases, if any, filed against teach other before any court/forum.
6. That both the parties have agreed that this settlement will be full and final one time settlement. No party shall claim from each other in furture.
7. That content of the joint compromise petition have been read over and explained to us in Hindi and parties have fully understood the same.
8. That the above terms and conditions a settlement has been recorded between the parties an both have signed in presence of their learned counsels, who have also put their signature on the agreement.
9. That with the aforesaid terms and conditions the parties have resolved their dispute.
10. That therefore, due to hectic efforts taken in the mediation proceeding the parties resolved their disputes as such the mediation succeeded.
Sd/- Sd/- (Purushottam Chandra Prasad) (Mamta Devi) Signature of the petitioner Signature of the O.P. No.2 Date-03.04.2018 Date-03.04.2018 Sd/- Sd/- Signature of the petitioner Advocate Signature of the O.P. No2 Advocate A.O.R. No.-00827 A.O.R. No.- Date-03.04.2018 Date-03.04.2018 Considering the fact that the matter has already been settled between the parties, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur in connection with Complaint case No.521(c) of 2016, subject to the conditions as
4/4 laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T