Patna High CourtCR. REV./592/2018dismissed

Chandni Kumari v. Arun Prakash

2022-11-18Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL REVISION No.592 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Chandni Kumari W/o Arun Prakash, R/o Vill.- Adarsh Vihar Road No.1, P.S.- Ramkrishna Nagar, Patna, at present residing D/o Late Pramod Kumar, R/o Mohalla- Bir Kuer Singh Coloney South, Ram Jeevan Chowk, Pokhara Mohalla- Hajipur, District- Vaishali.

... ... Petitioner

Versus

Arun Prakash S/o Shyamnandan Prasad Yadav, R/o Vill.- Adarsh Vihar Road No.1, P.S.- Ramkrishna Nagar, District- Patna, At presently Posted as A.O.M. P.L.I. Officer of Chief P.M.G. Patna, G.P.O. Copmplex, Patna. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Narayan Singh-1, Advocate For the O.P.

Mr.Durgesh Nandan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned counsel for the opposite party.

In this case, during pendency of the application good sense has prevailed between the parties and they have resolved the disputes amicably. The relevant sub-paragraphs of paragraph '3' of the counter affidavit filed on behalf of the opposite party no. 2 are being extracted hereunder for a ready reference: "3. (iii) That during the period several cases had been instituted between both the parties like criminal cases, Maintenance case as well as the case of divorce. (iv) That during pendency of these cases both the parties became agree to dissolve their marriage on mutual consent and they also agreed that this opposite party no. 2 will pay Rs. 10,00,000/- (Ten Lakhs) to this petitioner Chandani Kumari as one time settlement.

(v) That accordingly as per the agreement made between both the parties all the cases including the present case ie.,

Patna High Court CR. REV. No.592 of 2018(7) dt.18-11-2022 2/2 Maintenance case no. 61/2014 have also ended in their finality and a final order has already been passed in the case on the basis of one time settlement and accordingly Matrioninal (Divorce) case No. 174/2019 has already been allowed on payment of Rs. 10,00,000/- (Ten Lakhs) by way of one time settlement passed by order dated 13.02.2020 passed by the Learned Principal Judge, Family Court, Vaishali at Hazipur."

Learned counsel for the parties submit that with the aforesaid amicable resolution of dispute nothing remains due against the petitioner and they would not pursue the other cases against each other and they would jointly ensure that those cases are duly closed in the court of law. Both the parties undertake to appear in the court for this purpose as and when required.

Learned counsel for the petitioner submits that in view of the statements present in the counter affidavit, he would not press this application.

Learned counsel for the petitioner has further requested this Court to place on record that he had tried his best to contact the petitioner but he was not successful.

In view of the above circumstances, this application is dismissed as having become infructuous.

(Rajeev Ranjan Prasad, J) Rajeev/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.