Nadeem Ezaz vs The State Of Jharkhand
2021 Latest Caselaw 3374 Jhar

                                                   1

                                           AWARD
                 BEFORE NATIONAL LOK ADALAT ( Virtual)
                           DATED 11.09.2021
                 HELD AT JHARKHAND HIGH COURT, RANCHI.
(Organized by High Court Legal Services Committee under section 19, Legal Services Authorities Act,
1987 (Central Act).

                            Criminal Revision No. 1010 of 2019

Petitioner/ Appellant:-           1.       Nadeem Ezaz
                                           Vs.
Respondent/O.P. :-                1.       The State of Jharkhand

2. Shabana begum

3. Nagma Ezaz

With Criminal Revision No. 1393 of 2018

Petitioner/ Appellant:- 1. Md. Nadim Ejaj @ Md. Nadim @ Nadim Ijaj Vs.

Respondent/O.P. :- 1. The State of Jharkhand

Present :- --------

Name of Hon'ble Judge:- HON'BLE MR. JUSTICE RAJESH KUMAR Name of Advocate Member:- MRS. VANDANA SINGH, SR. STANDING COUNSEL

For the petitioner : Mr. J. N. Upadhyay, Advocate For the State : Mr. S. K. Sinha, A.P.P For the O.P No.02 : Mr. Sheo Kumar Singh, Advocate

AWARD The matters were taken up in National Lok Adalat in virtual mode. The dispute between the parties having been referred for mediation to the National Lok Adalat and the parties have compromised/ settled the cases/matters up to the extent of Award.

Both the parties have appeared through their respective advocates and submitted that they have compromised the matters and filed the joint compromise petition annexing Agreement of the terms and conditions of the compromise. The terms and conditions of the Agreement/ Compromise reads as under:-

"1. That in view of compromise and the terms of settlement the Second Party has agreed to pay a sum of Rs.5,75,000/- (Rupees Five Lakhs and Seventy Five Thousand) only to the First Party as Full and Final Settlement Amount for Maintenance for First Party and her Minor Daughter.

2. That the Second Party has today paid a sum of Rs.5,75,000/- (Rupees Five Lakhs and Seventy Five Thousand) to the First Party, the receipt whereof the First Party do hereby accept and acknowledge.

3. That after receipt of aforesaid amount the Second Party shall File Joint Compromise Petition before the Hon'ble High Court of Jharkhand at Ranchi for

withdrawing the Criminal Revision Pending for Hearing and the First Party shall not file any Petition claiming Maintenance for herself or her Minor Child in Misc. Case No.141 of 2011.

4. That the Custody of Girl Nagma Ezaz shall remain with the First Party and the Second Party shall not claim for Custody of the Child in any manner in future.

5. That after withdrawal of Criminal Revision the First Party or the Second Party shall not make any type of claim against each other neither each Party shall institute any cases against each other and both the parties may Solemnize Marriage according to their will.

6. That both the Parties have read and understood the contents of this Agreement in Hindi and have signed on this the 18th day of February, 2020 at Jamshedpur.

7. That Two Copies of this Agreement have been prepared and both the Copies shall be treated as Original."

In view of the above terms and conditions of the Agreement/ Compromise arrived between the parties, the order dated 29.08.2017, passed by the court of learned Additional Principal Judge, Additional Family Court, East Singhbhum, Jamshedpur in Misc. Case No.141 of 2011, by which the petitioner was directed to pay the maintenance amount of Rs.4,500/- per month to the opposite parties, the order dated 28.01.2017, by which the husband/ petitioner was convicted for the offence under Section 498(A) of the I.P.C by the court of learned S.D.J.M., Jamshedpur in G.R. Case No.1308 of 2011 (T.R. No.12 of 2017) and further affirming the said conviction order by the judgment dated 05.06.2018, passed by the court of learned Sessions Judge, East Singhbhum at Jamshedpur in Criminal Appeal No.18 of 2017, are hereby, quashed and set aside.

Accordingly, the matters have been settled and disposed of. The parties are informed that the court fee, if any, paid by any of them shall be refunded.

............................... .............................. Sign. of Hon'ble Judge Sign. of Advocate Member

(Seal of the Committee)