Kripa Shankar Dwivedi vs State Of Bihar And Anr
2023 Latest Caselaw 1006 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL REVISION No.1238 of 2016
                    Arising Out of PS. Case No.- Year-1111 Thana- District-
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Kripa Shankar Dwivedi Son of Awadhesh Dubey, Resident of Village- Ojha Bigha, Police Station- Kaler, District- Arwal.

... ... Petitioner/s Versus

1. State Of Bihar and Anr

2. Seema Devi, D/o Late Devendra Pandey, Resident of Nathopur, Parsa Bazar, Police Station- Parsa, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar, Sr. Adv. For the Respondent/s : Mr. Smt Gulnar Begam, Adv. For the O.P. No.2 : Mr. Sunil Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-03-2023

Let the defect(s), if any, be removed within two weeks from today.

Learned counsel for the petitioner, counsel for the

State and counsel for the respondent present.

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.

Patna High Court CR. REV. No.1238 of 2016 dt.15-03-2023

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.

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.

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.

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 Patna High Court CR. REV. No.1238 of 2016 dt.15-03-2023

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.

(Dr. Anshuman, J.) prakashmani/-

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