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2019 DIGILAW 571 (SC)

Santosh Kumar v. State Of Bihar

2019-02-11

ROHINTON FALI NARIMAN, VINEET SARAN

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ORDER 1. Having heard learned counsel for both sides, we are happy that mediation has thrown up a final result. 2. The parties have amicably settled the disputes between them by way of a Settlement Agreement dated 01.11.2018 entered into and duly signed by them which is taken on record. 3. This being the case, we record Shri Gaurav Agrawal's statement as follows:- 1. A Demand Draft for a sum of Rs. 24,00,000/- (Twenty Four Lakhs Only) is handed over in the presence of all concerned; 2. An amount of Rs. 10,000/- (Ten Thousand only) in cash will be paid immediately; 3. The amount that is lying with the Registry of Rs. 25,000/- (Twenty Five Thousand) together with interest, if any, is to be handed over immediately to Respondent No.2. 4. Since the parties have amicably settled their disputes by way of a Settlement Agreement dated 01.11.2018, divorce by mutual consent is granted. 5. The six month period of waiting in this case is waived. 6. We quash the following criminal cases pending against both parties: (i) Case Trial No.. 1275 of 2018 arising out of FIR No. 581 of 2016 - under Sections 341, 342, 323, 379, 504 and 34 IPC titled Munna Prasad vs. Vinod Kumar and Anr. pending before Sub-Judge-I Cum ACJM, Jehanabad, Bihar. (ii) Case Trial No. 1908 of 2018 arising out of FIR No. 35 of 2017 - under Sections 341, 342, 323, 325, 379, 504 and 34 IPC titled Shyamful Devi vs. Sabita Kumari & Ors. pending before the Chief Judicial Magisrate, Jehanabad, Bihar. (iii) Complaint Case No. 342 of 2018 under Sections 341, 323, 364, 376, 511, 354, 354(B), 506, 504/34 IPC lodged by Indu Devi vs. Sanjay Prasad & Anr. cognizant under Sections 341, 323, 354, 354(B), 504, 506, 364 IPC filed in Court of C.J.M. Jehanabad Court, Bihar. (iv) Misc. Case No. 24 of 2017 under Section 13(A) Divorce Jehanabad Family Court, Bihar. (v) Case No. 116 of 2017 arising out of FIR No. 29 of 2015 under Sections 498A, 379, 323, 341, 504, 313/34 IPC pending before the Court of A.D.J.-II, Nawada, Bihar. (vi) Case No. 423 of 2017 arising out of FIR No. 49 of 2016 under Sections 341, 323, 195(A), 504, 307, 498(A), 506, 34 IPC pending before the Fast Track Court-I, Jehanabad, Bihar. (vi) Case No. 423 of 2017 arising out of FIR No. 49 of 2016 under Sections 341, 323, 195(A), 504, 307, 498(A), 506, 34 IPC pending before the Fast Track Court-I, Jehanabad, Bihar. (vii) Complaint Case No. 1176 of 2018 dated 12.10.2018 pending before the Nawada Court, Bihar. And further quash the following departmental proceedings that has been filed by the respondent No.2 against the petitioner. (viii) Memorandum No. F.72(19).2016.DOC/8156 dated 11.05.2017 departmental proceedings under Rule 13-A and 3 of CCS (Conduct) Rules, 1964. Directorate of Vigilance 4th Level C-wing, Delhi, Sachivalaya (GNCT). 7. The Special Leave Petition is disposed of in the aforesaid terms. 8. The Terms of Settlement dated 01.11.2018 shall form part of this Order. 9. Result Order accordingly.