Krishna Singh Ranawat @ Krishn Singh Rana v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19767 of 2017 Arising Out of PS.Case No. -974 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Krishna Singh Ranawat @ Krishn Singh Rana, S/O Jai Vibhuti Singh Ranawat @ Shakti Singh Ranawat, R/V- Rajpur, P.S. Rajpur, DistrictBarwani (Madhya Pradesh). .... .... Petitioner
Versus
1. The State of Bihar.
2. Ranju Rose, Wife of Krishna Singh Ranawat, D/O Late Raj Banshi Singh, presently residing at Village-Badki Mohammadpur, P.S. Bakhtiyarpur, District-Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Rana Vikram Singh, Advocate. For the State : Mr. Binod Kumar 2, A.P.P. For the O.P. No. 2 : Mr. Manoj Kumar Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. The matter was referred to the Mediation and Reconciliation Centre of the Patna High Court vide order dated
2/4 31.08.2017. As per the report, the matter has been settled between the parties.
The following are the terms and conditions of the settlement:- "Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No. 810 of 2017 (Arising out of Cr. Misc. No. 19767 of 2017) An agreement made on 09.01.2018 at the Patna High Court Mediation Centre, Between.
Krishna Singh Ranawat @ Krishn Singh Rana, Son of Jai Vibhuti Singh, resident of Village-Rajpur, P.S. Rajpur, District-Barwani (Madhya Pradesh)...............................Petitioner (First Party).
And Ranju Rose, wife of Krishna Singh Ranawat @ Krishn Singh Rana, daughter of Late Raj Banshi Singh, presently residing at Village-Badki Mohammadpur, P.S.- Bakhtiyarpur, District-Patna. ....Opposite party/(Second Party) Both parties appeared before the Patna High Court Mediation Centre and reached on the settlement in the following terms and conditions:-
1. That parties are hereby ready to settle their all disputes pending at different Court/Courts namely S.D.J.M. Barh (Patna), Complaint Case No. 974 (C) of 2013 under Section 498(A) I.P.C. and 3⁄4 of the Dowry Prohibition Act.
2. That after this mediation, parties are ready to live separately and further ready for getting their marriage dissolved by mutual consent on the payment of full and final settlement amount.
3. That parties have agreed to part their ways amicably on the payment of Rs. Five Lacs (Rs. 5,00,000/-) which has been fixed as the final settlement amount. After payment of the said amount, there shall be no claim of any nature against the husband and there shall also be no demand from the wife to her husband.
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4. That the husband has agreed to pay Rs. 5,00,000/- (Rs. Five Lacs) in easy installments during the period of 8 months from today. Today i.e. 09.01.2018, the husband has paid Rs. 3,00,000/-(Rs. Three Lacs) vide Demand Draft No. 010387 dated 02.01.2018 to his wife i.e. Ranju Rose, second party herein (photo copy of the Demand Draft No. 010387 dated 02.01.2018 is annexed herewith).
5. That the remaining amount of Rs. 2,00,000/-(Two Lacs) shall be paid in the following manners:- (i) Rs. 50,000/- (Fifty Thousand) shall be paid at the time of withdrawal of Complaint Case No. 974C of 2013 pending in court of S.D.J.M. Barh.
(ii) Rs. 50,000/-(Fifty Thousand) shall be paid at the time of 1st appearance before the Principal Judge, Family Court, Patna, for giving their statement in support of their divorce on basis of mutual consent.
(iii) Rs. 1,00,000/- (One Lac) shall be paid at the time of final judgment of the divorce by the Learned Principal Judge, Family Court, Patna.
6. That the wife i.e. 2nd party herein has no objection in the grant of anticipatory bail to her husband i.e 1st party herein.
7. That besides the aforesaid amount of Rs. 5,00,000/- (Five Lacs), the husband has also agreed to bear the expenses for marriage of his daughter who is the only child born out of the wedlock. The husband shall have also the visitation right to meet and see his daughter as per his choice and that shall not be objected to by the wife i.e. 2nd party herein.
8. That after the settlement, the wife shall have no claim whatsoever of any nature either against her husband or against her in-laws.
9. That both the parties have agreed to give mutual respect to each other even after divorce and they will not try to malign the image and reputation of each other and they will also not indulge in any insinuatory campaign against each other.
10. That both parties readily and willingly have agreed that they shall abide by the terms and conditions as agreed hereinabove and as set out in this written memorandum of settlement.
11. That the contents of this settlement deed have been read over and explained to both the parties in Hindi in presence of their learned Counsels which they understood to be true and thereafter put their signature with their free will and consent.
Sd/-. Krishna Singh Rana. Sd/- Ranju Rose
4/4 9.1.18. 9.1.18 (Krishna Singh Ranawat @ (Ranju Rose) Krishn Singh Rana) Signature of the opposite Signature of the petitioner/ party No. 2 husband.
Date- 09.1.2018. Date- 09.1.2018. Sd/- Rana Vikram Singh Sd/-. Manoj Kumar Pandey Signature of the petitioner's Signature of the Opposite Advocate Party No. 2, Advocate. A.O.R. No.02776 A.O.R. No. 3493 Date-09.1.2018. Date-09.01.2018." Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Barh, Patna, in connection with Complaint Case No. 974 (C) of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T