IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.873 of 2007 ANIL KUMAR BHARTI & ORS Versus STATE OF BIHAR & ANR ----------- For the petitioners : Mr. Mahesh N. Parbat, Adv. For Opp. Party No.2 : Mr. Rajiv Giri, Advocate. 12 21-8-2008 The petitioners who are the husband, mother-in-law, father-in-law and brother-in-law of Gitanjali Devi, complainant opposite party no.2 have come to this court for quashing the order, dated 18.10.2006 passed by learned Addl. Sessions Judge, F.T.C. III, Begusarai in Criminal Revision No. 428 of 2005 in which the petitioners’ prayer for discharge under section 245 Cr. P. C. has been refused. During the pendency of this application and after the appearance of the complainant this court asked the parties to explore the possibility of settling the dispute between them. The matter was heard on several dates and finally the parties were asked to appear in chambers on 10.7.2008 along with their guardians after they had failed to come to any sort of settlement. On 10.7.2008 this court spoke to their guardians and the husband and wife at length individually as well as collectively in presence of their counsel. Despite all efforts at counseling it was apparent that the petitioner no.1 and opposite party no.2 had both reached a stage where they were not at all ready to live with each other as a result of which there remained very few options for them. This court could have either allowed the parties to continue to litigate with respect to some five odd cases pending between them, or as this court would settle the disputes pending between them, so that both the parties immediately concerned could re-plan their future and start their lives again. Nevertheless, considering the serious 2 consequences of the decision to be taken, this court again gave the parties a chance to re-consider the possibility of amicably reconciling their differences which failed. At this stage I may point out that opposite party no. 2 is living separately from her husband since 28. 3. 1999. On 4.8.2008 petitioners 2 and 3 along with petitioner no.1 and opposite party no. 2 along with her parents appeared in chambers and they informed the court that both the parties were ready to have the marriage dissolved and after discussion with the parties and their guardians, they agreed to the following terms : (i) Petitioner no.1 and opposite party no.2 should file an application under section 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Begusarai for a consent decree of divorce. The petition of divorce should be filed within one month after receipt of a copy of this order. The court should pass a decree of divorce within four months thereafter. (ii) The parties have agreed that before the decree of divorce is passed, petitioner no.1 will pay a sum of Rs.2.50 lakhs (two and half lakhs) to opposite party no. 2, namely, Gitanjali Devi as alimony and maintenance as final settlement. The terms of the decree will also contain the amount paid by petitioner no.1 Anil Kumar Bharti. The decree of divorce should be passed within four months after the application under section 13-B of the Hindu Marriage Act is filed before the Principal Judge, Family 3 Court, Begusarai. (iii)The petitioners and the opposite party no.2 have also agreed to withdraw all the criminal cases pending between them. Since the matter has been settled by this court. It is, therefore, directed that on application filed by either party along with a copy of this order, all cases should be permitted to be withdrawn in view of the fact that the parties have consented to settle the same. (iv)The parties have further agreed that each of them will be free to enter into marriage after the decree of divorce is pronounced. (v) The divorce suit i.e. Matrimonial Suit No. 45 of 2001 filed before the District Judge, Bokaro, Jharkhand shall remain stayed until the decree is passed by the Principal Judge, Family Court, Begusarai. In view of the order that has been passed aforesaid with the consent of the parties, the either party may withdraw the Complaint Case No. 467© of 2001 after the decree of divorce is pronounced. In the mean time all matters relating to Complaint Case No. 467© of 2001 and the order passed in Criminal Revision No. 428/2005 shall remain stayed. In the result, this application is allowed with the aforesaid observations. Let a copy of this order be sent by Fax to the Principal Judge, Family Court, Begusarai. haque (Sheema Ali Khan, J.)