IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14572 of 2009 1. MASHKOOR ALI @ MASQUOR ALI 2. MD. MANZOOR ALI 3. MD. JABIR ALI 4. MD. HAIDAR ALI ALL SONS OF LATE MANSOOR ALI 5. ANJUM ARA, WIFE OF LATE MANSOOR ALI 6. NIKHAT PERWEEN @ CHANDA, WIFE OF MANZOOR ALI 7. NIKHAT ARA @ ROJI, WIFE OF PARWEZ ALI ALL RESIDENT OF KHARADI GALI, DILAWARPUR, P.S. KOTWALI, DISTRICT MUNGER ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. JAHAN ARA @ ROZI, WIFE OF MASHKOOR ALI, RESIDENT OF MOHIUDDIN WARD NO. 01 AND DISTRICT KISHANGANJ. ---- OPPOSITE PARTIES ----------- 7 17.5.2010 This matter has originally been filed for quashing of the order under Sections 323 and 498 A of the Indian Penal Code by the husband and his family members. On 21.12.2009 this Court on the submissions made on behalf of the counsel appearing for the parties asked the husband and wife to be present in Chambers along with the family members. Thereafter on 18.1.2010, 19.2.2010 and 25.3.2010, this Court and the counsel made endeavours to settle the matters between them. It appears that despite best efforts of all concerned, there appears to be unbreachable gap between the husband and wife. Both accept the fact that they are incompatible and cannot live together peacefully as husband and wife. Apart from the Court’s efforts, the conciliation proceedings took place through the counsels at different stages of this case. Finally, after much deliberation and thought the parties agreed to part ways and lead their own lives independently. They have been living separately ever since Jahan Ara (opposite party no. 2) had conceived. Mizan Ali @ Ausaf Ali their child is about four years of age now. 2 Considering the future of the parties, this Court on their request has agreed that they should file an application for consent decree of divorce in the Court of the Principal Judge, Family Court, Munger. The parties have agreed to the following conditions as terms for grant of divorce: (a) Petitioner (husband) has paid a sum of Rs. 2,50,000/- by Draft No. “053166” and Rs. 50,000/- by Draft No. “053156” which was paid on 8.4.2010 to the opposite party no. 2. (b) The opposite party no. 2 has paid (four lacs) of Rs. 4,00,000/- vide Cheque No. “107896”, Saving Account No. 10443504931 which stands in the name of Md. Mashkoor Ali @ Masquor Ali (State Bank of India). In all the petitioner no. 1 has paid a sum of Rs. 7,00,000/- to the opposite party. (c) The petitioner no. 1 will also hand over Kishan Vikash Patra worth Rs. 1,00,000/- to opposite party no. 2 and National Saving Certificate worth Rs. 50,000/- each, the parties are not quite clear in the manner in which it can be transferred and undertake to consult the 3 agent to find out how the transfer can be made. (d) The petitioner no. 1 and his family members have agreed not to fight any case for custody of the son Mizan Ali @ Ausaf Ali in future. The petitioner no. 1 will however, have the right to meet his son as and when he wishes to do so without disturbing his life or his daily routine. The parties have prepared two drafts of divorce for mutual consent which has been signed in presence of this Court. One application shall be kept on record and the other should be filed before the Principal Judge, Family Court, Munger forthwith as soon as possible. The Principal Judge, Family Court, Munger will pass a decree of divorce incorporating the terms of the agreement within a period of six weeks on receipt of the order of this Court along with the application for consent decree of divorce. The only fact which the Principal Judge, Family Court, Munger has to ensure is that there has been transfer of the Kisan Vikash Patra, National Saving Certificate as indicated above. The parties agreed to end their relationship in the presence of the counsels, father of the girl, the petitioner’s brothers who are present in Court while this order is being dictated. Thus as agreed between the parties all cases pending between the parties 4 including the present case i.e. Complaint Case No. C1735 of 2007 should be set at rest. I accordingly quash the order of cognizance dated 17.4.2008, passed in Complaint Case No. C1735 of 2007 and the revisional order dated 7.3.2009, passed in Cr. Revision No. 336 of 2008 and any other consequential orders in this case. This application is allowed. Sanjay (Sheema Ali Khan, J.)