IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45107 of 2010 Avinash Sinha Versus The State Of Bihar & Anr ----------- 3. 19.7.2011 The opposite party no.2 had instituted complaint vide Complaint case No.2571(C) of 2009 against her in- laws that she had been tortured for ends of dowry. When the petitioner, who happened to be her husband, came before this Court for bail, it granted him bail but at the same time referred the matter to the Patna High Court, Conciliation/Mediation Centre so that the parties could work out the compromise between themselves. The parties then appeared before the Centre which heard both of them on five days, in which period an agreement was drafted, on which both the parties put their signatures. The following are the clauses of agreement : “1. It is agreed between the parties that both parties have decided to separate by filing divorce petition with mutual consent in the Family Court, Patna. 2. It is agreed between the parties that no party himself/herself or otherwise shall interfere in the life of other during the pendency of divorce proceeding or after the decree of divorce. 3. It is further agreed between the parties that husband shall pay Rs.4,00,000/- (Rs. Four lacs) only to wife one time final settlement towards alimony and also returned the goods and article mentioned in the schedule-1 including the articles inside the Almirah. 4. It is agreed between the parties that - 2 - payment of aforesaid amount shall be paid by way of BANK DRAFT only. 5. It is agreed between the parties that wife shall not claim anything except the aforesaid agreed amount & articles contained in Schedule-I and shall not have any right to inheritance from the property of husband. 6. It is agreed between the parties that the husband do hereby release her from all obligation, financial and matrimonial resulting from her marriage with the husband. 7. It is agreed between the parties that the mode of payment of aforesaid 4 lakhs rupees are as follows:- I. Rs.1,00,000/- (Rs. One lac) only at the time of interring into this agreement vide Bank Draft No.486101 dated 14.7.2011, S.B.I. Main Branch, Patna (copy enclosed). II. Rs.1,00,000/- (Rs. One lac) only at the time of filing of divorce petition with mutual consent in the Family Court, Patna. III. Remaining Rs.2,00,000/- (Rs. two lacs) only shall be paid before second motion in the Family Court either in one go or in four installments. 8. It is agreed between the parties that the goods and articles mentioned in Schedule-I shall be handed over to wife or her representative by the husband or his representatives in presence of their advocates on 24.7.2011. 9. It is agreed between the parties that the wife shall not proceed with Complaint Case No.2571(C) of 2009 u/s.498A of I.P.C. pending in the court of Kalpana Srivastava, J.M. 1st class, Patna and Domestic Violence Case No.48 of 2010 u/s.18, 19, 20 and 21 of the Domestic Violence Act, 2005 pending in the court of Joyti Kumari, J.M. 1st Class, Patna during the pendency of divorce proceeding and therefore, the aforesaid cases shall remain stayed during the pendency of divorce proceeding. - 3 - 10. It is agreed between the parties that the wife shall withdraw the aforesaid criminal cases bearing Complaint Case No.2571(C) of 2009 u/s 498A of I.P.C. pending in the court of Kalpana Srivastava, J.M. 1st class, Patna, Patna and Domestic Violence Case No.48 of 2010 u/s 18, 19, 20 and 21 of the Domestic Violence Act, 2005 pending in the court of Joyti Kumari, J.M. 1st class, Patna against all accused persons after pronouncement judgment in the divorce proceeding. 11. It is agreed between the parties that both parties withdraw their respective complaints, allegations, acquisitions etc. made against each other or their family members. Any case whether civil or criminal, which is not in the knowledge of either of the party shall stand withdrawn. 12. It is agreed between the parties that no party shall interfere in the life of the other after disposal of all cases between them.” It is expected that the parties will abide by the clauses of the agreement so that there is no further aggravation of acrimony between them. Let the order be communicated to the court of Ms. Kalpana Srivastava, J.M. 1st class, Patna in connection with Complaint case No.2571(C) of 2009 through fax at the cost of the petitioner. Narendra/ ( Anjana Prakash, J. )