Jharkhand High Court
M V Balajee Rao vs Durga Bai on 28 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P No. 19 of 2021
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M V Balajee Rao --- --- Petitioner
Versus
Durga Bai --- --- Opp. Party
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through: Video Conferencing
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For the Petitioner: M/s A.K. Kashyap, Sr. Advocate, Anurag Kashyap, Advocate
For the Opp. Party: M/s Amit Kr. Das, Swati Shalini, Advocates
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05 / 28.09.2021 Petitioner has prayed for modification of the order dated 08.06.2020
passed in First Appeal No. 10/2019, by which the appeal preferred by the
appellant-husband / petitioner herein, was disposed of in terms of settlement
arrived at during mediation. The appellant had to pay Rs. 19.00 lakhs in four
instalments as permanent Alimony. As per the terms of settlement jointly
signed by the parties during mediation proceeding on 14.02.2020 before the
learned Mediator, JHALSA, both the parties had agreed to withdraw the cases
instituted against each other. However, appellant / petitioner failed to make
payment of last instalment of Rs. 5.00 lakh on 07.01.2021, as a result, his
conviction and sentence of R.I for one year with a fine of Rs. 2,000/- for the
offence under section 498-A of I.P.C and section 4 of Dowry Prohibition Act
vide judgment dated 02.04.2019 remained undisturbed in Cr. Appeal No.
93/2019 passed by the court of learned Additional Sessions Judge-IV,
Jamshedpur vide judgment dated 08.04.2021. These facts are borne from the
pleadings on record and also connected First Appeal No. 10/2019. It has been
further canvassed that the opposite party herein is availing maintenance @ Rs.
12,000/- p.m. granted in a proceeding being Misc. Case No. 18/2010 under
section 125 of the Cr. P.C.
2. Learned counsel for the petitioner submits, on instruction, that the
petitioner undertakes to make payment of the remaining balance amount of
Rs. 5.00 lakh within a period of two and half months. However, the opposite
party should also cooperate in the pending proceeding i.e. Cr. Revision No.
422/2021, where petitioner / appellant has laid challenge to the judgment passed
by the learned appellate Court in Cr. Appeal No. 93/2019 upholding his
conviction and sentence under section 498-A of I.P.C and section 4 of Dowry
Prohibition Act.
3. Learned counsel for the opposite party submits that the petitioner may be
directed to adhere to his undertaking as he has failed to do so earlier in terms of
settlement which formed the basis of disposal of First Appeal No. 10/2019.
Opposite party shall cooperate in the proceeding in Criminal Revision matter.
Once the petitioner makes deposit of balance of Rs. 5.00 lakh, opposite party
would withdraw the maintenance case and would not claim any further
maintenance, as a result of payment of permanent alimony by way of
settlement.
4. We have taken note of the submissions of learned counsel for the parties
in the factual canvass of the case noted above. Petitioner herein has admittedly
paid an amount of Rs. 14.00 lakh out of the total Rs. 19.00 lakhs to be paid as
permanent alimony in three instalments. However, last instalment could not be
paid within time, as a result, learned appellate court did not find any reason to
take a lenient view, so far as the award of sentence against the appellant is
concerned. Conviction and sentence were accordingly upheld. Parties had
however agreed to withdraw the cases instituted against each other, as per the
terms of settlement arrived at between them during mediation, taking note of
which, First Appeal No. 10/2019 was disposed of vide judgment dated
08.06.2020.
5. Having regard to the undertaking furnished by the petitioner now to
make balance payment within a time frame, we are of the view that the
petitioner should deposit the balance amount of Rs. 5.00 lakh by way of a
demand draft in favour of the opposite party with the Registrar General of this
Court by 01st December 2021.
6. Let the matter be listed on 07.12.2021. On such deposit being made
showing bonafide of the petitioner, parties are expected to take steps in the
pending Criminal Revision No. 422/2021 for its disposal. The balance amount
of Rs. 5.00 lakh to be deposited by the petitioner shall be released after disposal
of Cr. Revision No. 422/2021.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
