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2023 DIGILAW 293 (PAT)

Kripa Shankar Dwivedi v. State of Bihar

2023-03-15

ANSHUMAN

body2023
Dr. Anshuman, J. – Let the defect(s), if any, be removed within two weeks from today. 2. Learned counsel for the petitioner, counsel for the State and counsel for the respondent present. 3. Learned counsel for the petitioner submits that in compliance of order dated 14.03.2023, a counter-affidavit has been filed by O.P. No.2 by which it transpires that she is agree to settle all the disputes in one time upon payment of Rs. 17 lac from the petitioner. In the affidavit, it has been categorically mentioned that the said amount be transferred in the saving account of O.P. No.2 bearing Account No. 37707852075 of SBI, Sipara Branch, Patna. 4. It has also been accepted by O.P. No.2 that she will do all the needful to close Complaint Case No. 65 of 2011 and the Misc. Case No. 32 of 2011 pending before the court of learned S.D.J.M., Arwal and learned Principal Judge, Family Court, Jehanabad. 5. Learned counsel for petitioner submits that he has filed a Misc. Appeal No. 1374 of 2016 before this Hon’ble Court in which stay has been granted in Misc. Case No. 32 of 2011. Counsel for petitioner submits to this Hon’ble Court that a direction may be given to O.P. No.2 that at the time of hearing Misc. Appeal No. 1374 of 2016, she shall support and do all needful so that the entire dispute that is Matrimonial Case No. 70 of 2007 and Divorce Case bearing Matrimonial Case No. 31 of 2009 may also be closed. Counsel for O.P. No.2 is agree for the same. 6. In this view of the matter and on the basis of the affidavit and submission made, this case is hereby settled and there is no dispute from any corner left between the parties. Both parties assure to the court that they shall respect all undertakings/affidavit before this Court, by their counsel. 7. It is made clear that the said amount Rs. 17 lac shall be paid in the account of O.P. No.2 by petitioner within 4 months in installment. It is also made clear that till final payment, he shall deposit monthly Rs.10,000/-. The process of closing the case shall be started upon receiving the amount in the account. O.P. No.2. 7. It is made clear that the said amount Rs. 17 lac shall be paid in the account of O.P. No.2 by petitioner within 4 months in installment. It is also made clear that till final payment, he shall deposit monthly Rs.10,000/-. The process of closing the case shall be started upon receiving the amount in the account. O.P. No.2. It has assured by O.P. No.2 that in no way, she shall proceed in any manner in the complaint case against petitioner before the learned S.D.J.M., Arwal.