Sushil Kumar Hansda vs State Of Jharkhand
2025 Latest Caselaw 186 Jhar

Jharkhand High Court

Sushil Kumar Hansda vs State Of Jharkhand on 6 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

                                                               2025:JHHC:14204




          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No. 397 of 2021
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Sushil Kumar Hansda, aged about 35 years, S/o Labdhan Kumar Hansda, Permanent address, Qrs. No. 2155, Sector- 12/B, PO & PS, Sector-12, District- Bokaro, Jharkhand, Present address, Indian Bank, Daltonganj Branch, District- Daltangonj, PO & PS- Daltonganj, Jharkhand ...... Petitioner Versus

1. State of Jharkhand

2. Manju Hembram, W/o, Sushil Kumar Hansda, D//o, Late Diplal Hembram, Present address Village- Rangamanti Mahuatand, PO- Sindri, PS- Bailyapur, District- Dhanband, Jharkhand, Permanent Address, Qrs. No. 2155, Sector- 12/B, PO & PS- Sector-12, District- Bokaro, Jharkhand ...... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Md. Imran Hassan, Advocate For the State : Mrs. Nehala Sharmin, Spl. P. P. For the O. P. No. 2: Ms. Nirupama, Advocate Mr. Aashutosh Prasad Deo, Advocate ......

ORDER JUDGMENT IN COURT

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12/06.05.2025 This Criminal Revision No. 397 of 2021 has been filed on behalf of the petitioner challenging the Judgement dated 17.02.2021 passed by Sri Alok Kumar Dubey, learned Principal Judge, Family Court, Bokaro in Original Maintenance Case No. 195 of 2018, whereby the petition filed under Section 125 of the Cr. P.C. filed by the Opposite Party No. 2 (i.e. Wife) has been allowed by directing the petitioner to pay Rs. 10,000/- per month to the Opposite Party No. 2 towards her maintenance from the date of filing of the case i.e. on 06.09.2018.

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2. Supplementary affidavit dated 06.09.2024 has been filed on behalf of the petitioner stating therein that the case has been compromised between the petitioner and the opposite party no. 2 and as per one time settlement, the petitioner has already deposited Rs. 5,00,000/- (Rs.5.00/-Lakh) in the Bank Account of the opposite party no. 2, although, it has been pointed out that vide Judgement dated 19.04.2024 and Decree dated 27.04.2024 passed by Md. Taufiqul Hassan, learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No. 224 of 2024 under Section 13 (B) of the Hindu Marriage Act, 1955, the marriage between the petitioner and the opposite party no. 2 has been dissolved by way of Decree of Divorce and the parties are no longer in relationship and hence the appropriate order may be passed.

3. Learned counsel for the State raised no objection.

4. Learned counsel for the opposite party no. 2 has submitted that the case has been compromised and the opposite party no. 2 has received Rs. 5,00,000/- (Rs. 5.00/- Lakh) in her Bank Account and the marriage between the petitioner and the opposite party no. 2 has been dissolved by the Decree of Divorce under Section 13 (B) of the Hindu Marriage Act vide Judgement dated 19.04.2024 and Decree dated 27.04.2024 passed by Md. Taufiqul Hassan, learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No. 224 of 2024.

5. It appears that this Criminal Revision Application has been filed on 29.07.2021.

6. However, after appearance of the opposite party

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no. 2 and during pendency of this Criminal Revision Application, the matter was referred for mediation before the JHALSA vide order dated 21.09.2023 passed by this Court.

7. Although it appears that mediation before JHALSA has failed between the parties, however, on 23.11.2023, the petitioner has offered Rs. 5,00,000/- (Rs. 5.00/- Lakh) to the opposite party no. 2 by way of one time settlement and has stated that he had already paid Rs. 50,000/- to the opposite party no. 2 and will be also ready to bear the expenses for further litigation before the learned Court below for the said settlement. Thereafter on 13.12.2023, learned counsel for the opposite party no. 2 has further pointed out that the opposite party no. 2 is ready for the offers made by the petitioner for payment of Rs. 5,00,000/- (Rs. 5.00/- Lakh) by way of one time settlement apart from receiving Rs. 50,000/- earlier.

8. Para- 3 and 4 of the 4th supplementary affidavit dated 31.01.2024 read as follows:-

"Para-3:- That it is humbly stated and submitted that during the pendency of the abovementioned Revision, good sense has prevailed between the parties and they have settled their disputes amicably. The one time settlement Agreement dt. 24/01/2024, is hereby being brought on record for kind perusal of this Hon'ble Court. Para-4:- That it is further stated and submitted that in pursuance of the said one time settlement agreement the Petitioner has already deposited Rs. 2,50,000/- (Two Lacs Fifty Thousand), as first installment, in the bank account of Opposite Party No. 2 on 24/01/2024."

9. Thereafter the petitioner has filed further supplementary affidavit on 06.09.2024 and Para- 3, 4 and 5 of

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the supplementary affidavit dated 06.09.2024 read as follows:-

"Para-3:- That it is humbly stated and submitted that during the pendency of the abovementioned Revision, good sense has prevailed between the parties and they have settled their disputes amicably. The one time settlement Agreement dt. 24/01/2024 (ANNEXURE-8) has already been brought on record for kind perusal of this Hon'ble Court, vide Supplementary Affidavit dt. 31/01/2024. Therefore, in pursuance to the said settlement agreement the parties field suit under 13 (B) of Hindu Marriage Act, which was allowed vide Judgment and Decree dt. 19/04/2024 and 27/04/2024 respectively. Para-4:- That it is further stated and submitted that in pursuance of the said one time settlement agreement the Petitioner has already deposited Rs. 5,00,000/- (Five Lacs), in the bank account of the Opposite Party No. 2, on various dates proof of which is being attached herewith for kind perusal of this Hon'ble Court.

Para-5:- That the instant affidavit is being filed bona fide and in interest of justice."

10. From perusal of the supplementary affidavit dated 31.01.2024 and 06.09.2024, it appears that the petitioner has paid the amount of Rs. 5,00,000/- (Rupees Five Lacs) by way of one time settlement towards the maintenance amount and the petitioner has also paid Rs. 50,000/- to the opposite party no. 2.

11. It also appears that the marriage between the petitioner and the opposite party no. 2 has been dissolved by the Decree of Divorce under Section 13 (B) of the Hindu Marriage Act, 1955 vide Judgement dated 19.04.2024 and

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Decree dated 27.04.2024 passed by Md. Taufiqul Hassan, learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No. 224 of 2024.

12. Under the circumstances, the Judgement dated 17.02.2021 passed by Sri Alok Kumar Dubey, learned Principal Judge, Family Court, Bokaro in Original Maintenance Case No. 195 of 2018 is modified to the extent that the opposite party no. 2 is entitled to Rs. 5,00,000/- (Rupees Five Lacs) towards full and final settlement from the petitioner.

13. Thus, the Judgement dated 17.02.2021 passed by Sri Alok Kumar Dubey, learned Principal Judge, Family Court, Bokaro in Original Maintenance Case No. 195 of 2018 is modified.

14. Accordingly, Cr. Revision No. 397 of 2021 is allowed to the extent indicated above in terms of compromise.

15. Pending I.A. also stands disposed of.

(Sanjay Prasad, J.) Kamlesh/