Jharkhand High Court
Mantu Gaur vs The State Of Jharkhand on 13 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.632 of 2022
....
1. Mantu Gaur,
2. Guddu Gaur,
3. Sushila Devi,
4. Guddi Devi
......Petitioners
Versus
1. The State of Jharkhand
2. Pushpa Devi ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. A.K. Kashyap, Sr. Advocate
For the State : Mr. Fahad Allam, A.P.P
For the O.P. No.2 : Mr. Randhir Kr. Advocate
......
Order No.18 /13.02.2025
This Criminal Revision Application has been filed by the
petitioner challenging the judgment of conviction and sentence
dated 31.03.2022 passed in Cr. Appeal No. 01/2017, passed by Sri
Shesh Nath Singh, the learned Additional Sessions Judge-IV,
Ramgarh by which the Criminal Appeal filed has been dismissed
whereby affirming the judgment of conviction and order of
sentence dated 15.12.2016 passed by Sri Rakesh Raushan, Judicial
Magistrate, 1st Class, Ramgarh in Complaint Case No.1212 of
2006 by which all the appellants have been convicted for the
offence under Section 498A/34 of IPC.
However, the petitioner Nos.2, 3 and 4 namely Guddu
Gaur, Sushila Devi and Guddi Devi have been sentenced to
undergo R.I. for one year each and pay a fine of Rs. 5000/- each.
Whereas, the petitioner No.1 namely Mantu Gaur has
been sentenced to undergo R.I. for two (02) years and pay a fine
of Rs.8000/-.
2. At the outset, learned counsel for the petitioners had
submitted that the case has been compromised between the
petitioner and Opposite party No.2. It is further submitted that
there is one time settlement before JHALSA and the petitioner has
paid Rs.6,00,000/- (Rs. Six Lakh) to the Opposite Party No.2.
3. It is submitted that the parties have filed divorce petition
under Section 13B of Hindu Marriage Act and as such the
conviction of the petitioners may be set aside and the petitioner
may be acquitted.
4. On the other hand, learned A.P.P raised no objection.
5. Learned counsel for the Opposite Party No.2 has appeared
and admitted the factum of compromise between both the sides.
It is submitted that the Opposite Party No.2 has been given one
time alimony as Rs.6,00,000/- (Rs. Six Lakh) and parties have
undergone divorce by mutual consent under Section 13-B of the
Hindu Marriage Act.
6. It is also submitted that the O.P. No.2 has filed a counter
affidavit on 28.01.2025 and hence necessary order may be passed.
7. Perused the Lower Court Records and considered the
submissions made on behalf of learned counsel for both the sides.
8. It appears that the petitioner No.1 namely Mantu Gaur
i.e. husband and the petitioner Nos. 2, 3 and 4 are in law members
of the Opposite Party No.2.
9. Paragraphs no.3, 4 and 5 of Counter Affidavit filed by
Opposite Party No.2 read as follows: -
"Paragraph-3:- That it is stated and submitted that both the
parties have amicably settled their dispute in the mediation
center, JHALSA on 23.07.2023.
Paragraph-4:- That it is stated that as per the compromise
made between the parties at mediation Center, a life time
alimony of Rs. 6,00,000/- has been paid by the petitioners to
the O.P. No.2 and thereafter Original Suit No. 167 of 2023
has also been filed by the parties under Section 13(B) of the
Hindu Marriage Act, 1955 and same has also been allowed
vide order dated 31.01.2024.
Paragraph-5:- That, it is stated that all the terms and
conditions which was made between the parties has been
complied by the petitioners and now the O.P. No.2 has no
grievance with the petitioners."
10. It appears from Annexure-A, which is report of the
Mediator that the parties have settled the dispute on certain terms
and conditions from paragraph 1 to 6, which read as follows: -
"Paragraph-1:- That both the parties agreed to dissolve their
marriage solemnize on 09/07/2000 by preferring application
under Section 13 B of the Hindu Marriage Act.
Paragraph-2:- That Mantu Gaur has agreed to pay to
Pushpa Devi, the permanent alimony amount of Rs.06
Lakhs with in ten months.
Paragraph-3:- That Mantu Gaur shall pay the first
installment of Rs.01 Lakh to Pushpa Devi in her bank
account or by any other mode on the date of hearing of
Criminal Revision 632/2022 before High Court, Ranchi.
Paragraph-4:- That Mantu Gaur shall pay the second
installment of Rs.01 Lakh to Pushpa Devi date of filing of
the Application for Divorce under Section 13 B of the
Hindu Marriage Act.
Paragraph-5:- That as an amount of Rs.3 lakhs shall be
paid by Mantu Gaur to Pushpa Devi Rs.01 Lakh each in
every two months on or before 01 to 10th day of English
calendar months.
Paragraph-6:- That the rest amount of Rs.01 lakh shall be
paid by Mantu Gaur to Pushpa Devi on the date of
recording of the statement of both the parties in the case
instituted upon application under Section 13 B of the Hindu
Marriage Act."
11. This Court is not satisfied with the mode of settlement
between both the parties before the JHALSA.
12. It appears from the terms of settlement arise before the
JHALSA that the parties have been blessed with one Son namely
Rohit Kumar and one daughter namely Khusboo Kumari after
their marital wedlock and they are living with their mother Pushpa
Devi i.e. Opposite Party No.2 but without taking care of need and
without meeting the requirement of the son and the daughter of the
Opposite Party No.2 who are residing with her, the settlement has
been arrived at the JHALSA.
13. However, when this Court suggested that the parties can
be allowed to the settlement subject to the condition, their son and
daughter of Opposite Party No.2 will be at liberty to claim their
maintenance amount from their father in accordance with law, as
the amount of settlement is too low to maintain for three members
of the family, then, learned counsel for the petitioners prays for
time.
14. Put up this case on 20th February 2025.
15. Let a copy of this order be sent to learned Member
Secretary, JHALSA to caution the Mediator on the amount of
settlement under coercion.
(Sanjay Prasad, J.)
Nishant/-
