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2012 DIGILAW 1197 (JHR)

Bipin Bihari Dubey @ Bipin Dubey v. State of Jharkhand

2012-08-08

JAYA ROY

body2012
ORDER By the Court - Heard the counsel appearing for the petitioners and the counsel for the opposite party No.2. 2. Both the parties are present before this Court today in Chamber. 3. It is submitted that both the parties have settled their dispute before the Conciliator on certain terms and conditions and in this regard, both the parties have filed a joint compromise petition before this Court (being LA. No. 1247 of 2012), in which, in Paragraph Nos.6 (a) to 6 (h) they have mentioned the terms and conditions, to' which they have agreed. The said terms and conditions are as follow: (a) That the husband namely Vikash Chandra Dubey and his family will hand over the articles which was given to them at the time of marriage before 8th of August, 2012 and a list of articles has been given to them for hand over. (b) That the husband' Vikash Chandra Dubey and his family member will give Rs. 3.00,000/-(Rs. Three Lac) to the complainant Anju Devi by way of Bank Draft as permanent alimony towards one time settlement on 08.08.2012 before the Hon'ble Jharkhand High Court, Ranchi where the ABA No. 4293/2011 is pending. (c) That after receiving the Bank Draft of the amount bf Rs. 3 Lac the complainant will file a petition before Court below for withdrawal of the complaint Case No. 930/2009 which was later on registered as Hazaribagh Sadar P.S. Case No. 444 of 2009. (d) That the complainant will also file a petition for withdrawal of the maintenance case No. 82/2012 which is pending before learned Family Court, Hazaribagh. (e) That no relationship will be exists between the parties (Vikash Chandra Dubey and Anju Devi). (f) That the husband Vikash Chandra Dubey and complainant Anju Devi will file a petition for Divorce by Mutual consent within one month from the date of order by this Hon'ble Court. (g) That the complainant will not be entitled for any amount in future and she will not claim any amount from Vikash Chandra Dubey and his family in future. (h) That both the parties will also me joint compromise petition before the Court below for Withdrawal/Disposal of the complainant case No. 930/2009 (Hazaribagh Sadar P.S. Case No. 444/2009). 4. (g) That the complainant will not be entitled for any amount in future and she will not claim any amount from Vikash Chandra Dubey and his family in future. (h) That both the parties will also me joint compromise petition before the Court below for Withdrawal/Disposal of the complainant case No. 930/2009 (Hazaribagh Sadar P.S. Case No. 444/2009). 4. According to the terms and conditions, the counsel for the petitioners has given today an Account Payee Demand Draft bearing No. 608670 Dated 07.08.2012 amounting to Rs. 3 Lac (Rupees Three Lacs) prepared in the name of Anju Devi drawn at State bank of India, Hazaribagh, to the counsel appearing for, the complainant-opposite party No.2, who will after proper identification, hand over the said demand draft to the complainant opposite party No.2, and me a receipt of the same before' this Court within four weeks from the date of this order. 5. As the parties have agreed for withdrawal of the present Complaint Case and also the Maintenance Case filed by the complainant-opposite party No. 2 before the Family Court, Hazaribagh, she will file the withdrawal applications within a period of one month before the said Courts. If she files the said applications before the aforesaid Courts for withdrawal of the aforesaid cases, i.e. Complaint Case No. 930/2009 and Maintenance Case No. 82/2012, the concerned Court will permit her to withdraw the same. 6. According to the terms and conditions. both the parties will file a mutual divorce petition before the appropriate Court within a period of one month from the date of this order, and thereafter, they will proceed according to law for obtaining the consent divorce decree. 7. As the parties have compromised the matter and the petitioners and the husband of the opposite party No.2 have already given a sum of Rs. 3 Lacs to the counsel for the complainant-opposite party No.2, I direct the petitioners above named, to surrender before the trial Court within a period of one month from the date of this order. If the petitioners surrender before the trial Court/Court below within the said period, the trial Court is directed to release the petitioners namely Bipin Bihari Dubey @ Bipin Dubey. Asha Devi and Archana Kumari on bail on furnishing bail band of Rs. 10.000/- each. If the petitioners surrender before the trial Court/Court below within the said period, the trial Court is directed to release the petitioners namely Bipin Bihari Dubey @ Bipin Dubey. Asha Devi and Archana Kumari on bail on furnishing bail band of Rs. 10.000/- each. with two sureties of the like amount each to the satisfaction of the Court below/Chief Judicial Magistrate, Hazaribagh, in connection with G.R. Case No. 1961 of 2009 (arising out of Hazaribagh Sadar P.S. Case No. 444 of 2009). subject to the conditions that one of the bailors will be local resident having immovable property within the jurisdiction of the district concerned and also subject to the conditions laid down under Section 438(2). Cr PC. 8. The trial Court is further directed not to proceed with the aforesaid case for one month. and by that time the complainant - opposite party No.2 will file the withdrawal application as stated above. 9. As the parties have compromised the matter, the police will not arrest the husband of the complainant-opposite party No.2 namely Vikash Chandra Dubey till 10th September. 2012 in connection with the present case (G.R. Case No. 1961 of 2009, arising out of Hazaribagh Sadar P.S. Case No. 444 of 2009), pending in the Court of Chief Judicial Magistrate, Hazaribagh. 10. As counsel for the petitioners has handed over the aforesaid demand draft to the counsel appearing for the complainant-opposite party No.2, the counsel appearing for the complainant-opposite party No.2. after proper identification hand over the said demand draft to the complainant-opposite party No.2 and will file the receipt of the same on affidavit, in this application, even after the disposal of this case today. 11. Accordingly, the I.A. No. 1247 of 2012 (compromise petition) as well as this anticipatory bail application stand disposed of with the aforesaid directions. Application disposed of.