Patna High Court
Abhay Ranjan Sinha vs Archana Devi on 6 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.173 of 2018
======================================================
Abhay Ranjan Sinha, son of Late Sachindra Kumar Sinha, resident of
Jamaluddin Chak, near Lanka Colony, Khagaul, P.S.-Khagaul, District-Patna
... ... Appellant/s
Versus
Archana Devi, daughter of Late Jagdish Chauhan, resident of Moti Chowk,
near A.B Niketan School, Khagaul, Post and P.S.-Khagaul, District-Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Roona, Advocate
For the Respondent/s : Mr. Raj Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 06-08-2025
Heard learned counsel for the appellant and
learned counsel appearing on behalf of the respondent.
2. The appellant and the respondent are also
present in the Court.
3. Pursuant to our earlier order dated
21.01.2025
, both the parties i.e. appellant and the
respondent appeared before the Mediation & Conciliation
Center of this Court. The report of the Mediator is kept at
Flag-M which suggests that the dispute between the parties
have been resolved amicably through the process of
mediation. The outcome of the report of the Mediation
Center reads as under:-
Patna High Court MA No.173 of 2018 dt.06-08-2025
"An agreement made on
04.02.2025 at the Patna High Court
Mediation Centre, between,
Abhay Ranjan Sinha, S/o Late Sachindra
Kr. Sinha, R/o Jamaluddin Chak, Near
Lanka Colony, Khagaul, P.S. Khagaul,
District Patna, hereafter referred to as "
Husband (Appellant/1" Party)"
And
Archana Devi, D/o Late Jagdish
Chauhan, R/o Moti Chowk, Near A.B.
Niketan School, Khagaul, P.O. + P.S.-
Khagaul, District Patna, hereafter
referred to as "Wife (Respondent/2nd
Party)".
ii. Date & place of Marriage :-
Marriage solemnized on 07.04.2004
before the Special Marriage Officer,
Danapur, under provisions of Special
Marriage Act, 1954.
iii. Date of Separation :-
The parties to this agreement are living
separately since year 2005 (i.e. approx.
19 years).
iv. Irreconcilable differences :-
Irreconcilable differences have led to the
irremediable and irrevocable breakdown
of the marriage and there is no possibility
Patna High Court MA No.173 of 2018 dt.06-08-2025
of reconciliation with time this wedlock
has turned into Dead-lock and its
continuation is causing mental
harassment for both the parties to this
agreement.
v. There is no issue (Child) out of this
wedlock.
vi. Purpose of agreement :-
Except as otherwise provided in this
agreement, then purpose of this agreement
is to be make a final and complete
settlement of disputes of all pending
matrimonial civil and criminal disputes or
any other of such concern.
vii. waiver of final declarations of
disclosure :-
A. Each party hereby waives the
requirement to serve on each other final
declarations of disclosure of income and
expenses.
B. Each party has entered into this waiver
knowingly intelligently and voluntarily
without any force and coercion.
viii. Number of complains or legal
disputes disposed or pending:-
There are altogether 4 disputes between
the parties to this agreement the details
Patna High Court MA No.173 of 2018 dt.06-08-2025
and current status of the same is as
follows :-
(1) M.A. 173/2018-Against judgement-
pending dated 30.10.15 passed in Mat
Case No. 308/15.
(ii) Cr. Revision No. 678/17 against
judgement pending dated 24.07.17 passed
in Cr. App. 5/14 arising out of Comp.
Case No. 819/2005 bearing trial no.
969/13.
(iii) Mat. Case No. 308/05 - petitioner
for-pending attaching the salary of
Husband.
(iv) Complaint dated 13.03.2023 before
-Pending SDGM, & Senior DPO, North -
Central Railways Allahabad, Prayagraj.
ix. The 2nd party (wife) namely Archana
Devi has no objection if the pending
Criminal Revision No.678 of 2017 is
Allowed by Acquitting the 1" party
(husband) namely Abhay Ranjan Sinha
against judgment dated 24.07.2017
passed in Criminal Appeal No.5 of 2014
arising out of Complaint Case No.819 of
2005.
X. One time full & final settlement
amount
With intervention of well wishers of
Patna High Court MA No.173 of 2018 dt.06-08-2025
parties to this agreement and also in the
light of order dated 04.01.2019 passed in
M.A. No. 173/2018 whereby Hon'ble court
has directed for exploring the possibility
of outside court settlement, parties to this
agreement amicably decided to settle their
dispute outside court.
The husband 1" party has offered and
agreed to pay an amount of Rs.
16,000,00/- only (Rupees Sixteen Lakhs)
as one time full and final settlement for all
claims including (past, present and future)
and pending disputes between the parties
including accrued dues of any legal
obligations, i.e. maintenance awarded by
the court of Ld. Additional Principal
Judge, Family Court, Patna.
The wife 2nd party has voluntarily
accepted the offer of husband 1" party
and ready to accept an amount
Rs.16,00,000/- (Rupees Sixteen Lakhs) as
one time full & final settlement amount
and undertakes to withdraw/compromise/
or settle all pending cases/complains by
and between the parties to this agreement
in order to resolve all disputes between
the parties by way of outside court
settlement.
Patna High Court MA No.173 of 2018 dt.06-08-2025
The offered and accepted amount of
Rs.16,00,000/-(Rupees Sixteen Lakhs
only) for full & final settlement b/w the
parties to this agreement will be paid in
following manner:-
(i) Rs.2,00,000/- (Rupees Two Lakhs only)
has already been paid to the Respondent
(wife) bearing Demand Draft No.630993,
dated 22.10.2024 At the time of arriving
to settle the dispute by way of full and
final settlement between the parties.
(ii) Rs.7,00,000/- (Rupees Seven Lakh
only) will be paid by way of Cheque
No.670554 of State Bank of India,
Motichowk, Khagaul, Patna Branch, in
favour of Respondent(wife) and will be
handed over to the Respondent at the time
of hearing of Miscellaneous Appeal
No.173 of 2018 on 18.02.2024.
(iii) Remaining Rs.7,00,000 (Rupees
Seven lakhs only) will be paid by 07th of
March, 2025 vide cheque No.670555 of
State Bank of India, Moti Chowk,
Khagaul, Patna.
(iv) The Respondent (wife)/2nd party has
agreed and undertakes to withdraw all the
pending cases filed by her on the
Appellant/1" party (husband) by filing
Patna High Court MA No.173 of 2018 dt.06-08-2025
withdrawal application/petitions in each
of the pending cases either Civil/Criminal
or of any other complaint filed by the
Respondent (wife) before 18.02.2025.
xi. No harassment or interference :-
Neither party will in any manner harass,
annoy, or interfere with the life and liberty
of other party once this agreement is
voluntarily consented, accepted and
signed in presence of witness.
xii. Effective date of this agreements :-
The effective date of this agreement shall
be the date of execution by the parties to
this agreement.
xiii. Waiver of estate :-
Both parties to this agreement agree to
waive any right to the estate of the other.
Each party shall be allowed to pass his or
her property freely by will.
xiv. Execution of necessary instruments
The parties will execute, sign and deliver
any other instruments and documents that
may be necessary and convenient to any
out all of the terms of this agreement or
for any other legal purpose.
xv. Binding effect :-
This agreement shall be binding upon the
parties and upon their heirs,
Patna High Court MA No.173 of 2018 dt.06-08-2025
administrators, successors, and assigns.
executors, personal representatives,
xvi. Acknowledgements :-
a. Each party acknowledges that he or she
respectively is fully informed as to the
facts relating to the subject matter of this
agreement.
b. Enters into this agreement voluntarily
free from fraud, undue influence,
coercion, or duress of any kind.
c. Has read, considered and understood
each provisions of this agreements.
d. That both the parties have further
agreed to withdraw respective cases
Civil/Criminal in nature filed against each
other in the light of settlement of dispute.
e. This settlement shall be full and final
settlement and no party shall claim in
future against each other, in any manner.
f. That the above contents of the
agreement have been read over and
explained to us in Hindi which are have
fully understood and accepted there upon.
g. That in the above terms and conditions
the present settlement has been arrived at
between the parties and both parties have
signed in presence of their learned
counsels, who have also put their
Patna High Court MA No.173 of 2018 dt.06-08-2025
signature on this agreement.
4. Both the parties have agreed on the above
terms and conditions before the Mediator at the Mediation
& Conciliation Center of this Court and no longer interested
to pursue the present Miscellaneous Appeal.
5. Accordingly, the judgment and decree dated
30.10.2015 passed by learned Additional Principal Judge,
Family Court, Patna in Matrimonial Case No. 308 of 2005
is set aside in terms of settlement among the parties in the
present case.
6. In that view of the matter, Miscellaneous
Appeal No. 173 of 2018 is disposed of in terms of above
compromise petition. The compromise petition will form
part of the decree in this appeal. If any condition is not
adhered by either of the party, aggrieved party is permitted
to file interlocutory application to recall this judgment.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE 24/07/2025
Uploading Date 06/08/2025
Transmission Date N/A
