IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39398 of 2009 1. Md. Jawed, son of Md. Mojibullah, 2. Sami Khan, son of Late Ghani Khan, 3. Md. Shahnawaz Khan @ Bablu, son of Sami Khan, Mohalla Katra Mandai, Sultanganj, PS Sultanganj, District Patna – petitioners. Vs. 1. The State of Bihar. 2. Zeya Eqbal, son of Md. Mustafa, Mohalla Hospital Road, Ps Bettiah Town, District West Champaran – opp. parties. With Cr.Misc. No.15417 of 2010 1. Mohd. Chunnoo Baboo @ Ziya Iqbal, 2. Saba Iqbal @ Iqbal Saba @ Rajoo, 3. Asif Iqbal alias Tibloo Baboo, sons of Md. Mustafa @ Bhola, 4. Mohammad Mustafa @ Bhola, son of Late Md. Khalil, 5. Hazra Khatoonb, wife of Md. Mustafa @ Bhola, 6. Chaman @ Nasim Ara, wife of Saba Iqbal @ Iqbal Saba @ Rajoo, all of Hospital Road, Ganj No. 2. 7. Razia Beghum, wife of Shabbir Ahmad @ daughter of Md. Mustafa @ Bhola, 8. Baby @ Yasmin, wife of Shamim Akhtar & D/O Bhola @ Md. Mustafa, 9. Shamim Akhtar @ Lal Babu, son of Late Nurul Hoda, 10. Shabbir Ahmad son of Abdul Rashid @ Mustafa, residents of Naznin Chowk, Ganj No.2, Bettiah Sadar P.S., Dist. West Champaran – petitioners. Vs. 1. The State of Bihar, 2. Shami Khan, son of Late Mohammad Ghani Khan, 3. Katra Mandai, PS Sultanganj, District Patna – opp. parties. 3 27.4.2010 By order, dated 5.5.2008 both the parties have come to a settlement and have agreed to dissolve their marriage. Mr. A.N. Verma, learned counsel appearing on behalf of Zeya Eqbal has paid Rs.1,50,000/- as one time settlement amount, Mehr amount of Rs. 25,000/- and the Iddat amount of Rs.5000/- to counsel appearing on behalf of Aera Fatima alias Moni. The draft is being handed over in court. This court in furtherance of the direction given earlier in Cr. Misc. No. 39300/2007, dated 5,5,2008 directs that Zeya Eqbal should file a petition for consent decree of divorce. Similarly Aera Fatima should also file an affidavit stating that she has no objection to grant of divorce. The Principal Judge, Family Court, Patna should grant a decree of divorce, incorporating that the settlement has been 2 made between the parties and the money has already been paid, within a period of two months from the date of receipt of the petition. The parties are directed to file a petition within one month of this order. Two criminal cases have been filed, one being Sultanganj PS Case No. 521/2006, under sections 498A, 379/34 of the Penal Code by Shami Khan who is father of Aera Fatima alleging that the family members of the husband and the husband had made a demand of dowry, whereas a complaint has been filed by Zeya Eqbal alleging against Shami Khan and others that they have committed offences under sections 406, 420 and 120B o the Penal Code. This court is not going into the merits of the allegations and counter allegations in this case as most of them have already been discussed in the order, dated 5.5.2008 passed in Cr. Misc. No. 39300 of 2007. Suffice it to say that both the parties have now agreed to bury their differences and have agreed to take the wise steps to compromise the matter for which process has already been initiated. Considering the entire facts this court in the interest of justice this court quashes Sultanganj PS Case No. 521/2006, G. R. No. 2259/2006 and the Complaint Case No. 2334©/2006, Trial No. 2003 of 2008 pending before the Subdivisional Judicial Magistrate, Patna City and the Judicial Magistrate, Ist Class, West Champaran respectively. These two applications are disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)