IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.115 of 2007 SANJAY KUMAR, S/O LATE PUNYADEO SINGH, RESIDENT OF J/188 PEOPLES CO-OPERATIVE, KANKARBAGH, PATNA-20 ………APPELLANT. Versus SARITA DEVI, D/O SRI RAM PARVESH SINGH, RESIDENT OF SARSWATI NIKANJ DAWARIKAPURI, HANUMAN NAGAR, KANKARBAGH, PATNA ………. RESPONDENT. ----------- 19/ 23.06.2009 Heard Mr. Mrigank Mauli for the appellant, and Mr. Akhileshwar Prasad Singh for the respondent. The parties were married according to Hindu rites on 12.02.1996. Differences arose between them, and the ambition of a happy married life could not be realized. According to the appellant herein (the husband), the marriage was never consummated. The respondent herein (the wife) filed a complaint case under Section 498A of the Indian Penal Code in the Patna Civil Court whereby the appellant (the husband) and other members of the family were convicted and sentenced. The appellant then filed an application under Section 24 of the Hindu Marriage Act, which was on contest allowed by the impugned judgment dated 30.11.2006, passed by the learned Family Court, Patna, in Matrimonial Case No. 229 of 2000 (Sanjay Kumar Vs Sarita Devi), whereby the marriage has been dissolved by a decree of divorce, and appellant has been directed to pay a sum of Rs. 3,000/- per month to the respondent till such time she re-marries. 2 Aggrieved by the second part of the order, the appellant has preferred this appeal. During the course of hearing of the appeal on various occasions, necessity was felt of dissolving the dispute by the parties outside the Court. It was ultimately realized and was recorded in the order dated 12.05.2009 passed in the present appeal. The terms and conditions recorded in the order dated 12.05.2009 are reproduced hereinbelow: (i) The parties accept that part of the impugned judgment whereby the marriage has been dissolved by a decree of divorce, and should be allowed to attain finality. (ii) Instead of payment of a sum of Rs. 3,000/- per month till the date of remarriage, the appellant agrees to pay a consolidated sum of Rs. 2,00,000/- (two lakhs) in full and final payment to the respondent. The appellant shall pay a sum of Rs. 1,00,000/- (one lakh) to the respondent by means of a demand draft on a nationalized Bank in Patna within a period of four weeks. The remaining amount shall be paid in two instalments of Rs. 50,000/- (Fifty thousand) each, by means of a demand draft at an interval of one month each thereafter. In other words, the payment shall be made as follows: 3 (a) Rs. 1,00,000/- (one lakh), on or before 12.06.2009. (b) Rs. 50,000/-, on or before 13.07.2009. (c) Rs. 50,000/-, on or before 13.08.2009. (iii) This also takes care of all the pending litigations between the parties and neither party shall pursue his or her litigation(s). The present appeal shall be disposed of in terms of the compromise. Equally, the parties shall file a joint application before the learned Appellate Court for withdrawal of the Criminal case giving rise to Cr. Appeal No. 106/2003, pending before the Court of learned Additional District and Sessions Judge-III, Patna, whereby the appellant and his family members have been convicted and sentenced to imprisonment. (iv) Let the parties file their separate affidavits in this Court to the aforesaid effect within a period of one week. The parties have since filed their separate affidavits personally sworn by them incorporating the aforesaid terms and conditions whereby the dispute in the present appeal has been dissolved outside Court. The accused persons preferred Criminal Appeal No. 106 of 2003 (Sanjay Kumar & others Versus Sarita Devi) which 4 was pending before the Court of learned Additional District and Sessions Judge-III, Patna. After the aforesaid order dated 12.05.2009 was passed by this Court, the parties moved the learned Additional District and Sessions Judge-III, Patna, to withdraw the appeal in view of the compromise between the parties. Their separate applications filed for the purpose have been allowed by the learned appellate court by order dated 10.6.2009, as a result of which the Criminal appeal stands disposed of. It further appears from the certified copy of the order-sheet of the learned appellate court that the sum of Rs. two lakhs has already made over by the appellant to the respondent. In the peculiar facts and circumstances of the case, it goes without saying that the conviction and sentence recorded by the learned trial court against the appellant and his family members also stood set aside. In fact, learned counsel for the respondent has submitted before us that the Complaint in law may be deemed to have been withdrawn. The order of the learned trial court shall not come in the way of the parties in any way hereinafter. The present appeal accordingly stands disposed of. S.Sb/- (S.K. Katriar, J.) (Jyoti Saran, J.)