IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29028 of 2009 NEEL KAMAL ANAND, SON OF PROF. DR. ARUN CHAUDHORY, RESIDENT OF 279, ST. HELENS ROAD, BOLTON, BL3 32QB, U.K. (UNITED KINGDOM) ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. KUMARI RADHA @ ANNU, WIFE OF NEEL KAMAL ANAND, DAUGHTER OF PERMANAND CHAUDHARY, RESIDENT OF VILLAGE IMAM SARAI, P.O. PATORI, DISTRICT SAMASTIPUR. AT PRESENT C/O PERMANAND SHUKLA, RESIDENT OF VILLAGE RAM PURANI, P.S. MAHUA, DISTRICT VAISHALI AT HAJIPUR. ----- OPPOSITE PARTIES with Cr.Misc. No.794 of 2010 NEEL KAMAL ANAND, SON OF SHRI ARUN KUMAR CHOUDHARY, RESIDENT OF INDRAPURI, P.O. KESHARI NAGAR, DISTRICT PATNA AT PRESENT 2 NEW COLLEGE WALK SN32 GQ SWIDEN U.K. ENGLAND. BUT PRESENTLY RESIDINT AT 279, SE HELENS ROAD, BOLTEN, BL3 32QB, U.K. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- For the petitioner :- Mr. Ajay Kumar Thakur, Senior Advocate Mr. Ravi Ranjan, Advocate Mr. Anir Alam, Advocate For the State :- Mrs. Indu Bala Pandey, A.P.P. 5 3.3.2010 Heard the parties. Cr. Misc. No. 29028 of 2009 has been filed for quashing the order dated 20.1.2009 passed in Complaint Case No. 223 of 2008, corresponding to Trial No. 2124 of 2009 by the Chief Judicial Magistrate, Vaishali at Hajipur by which the Court below has taken cognizance under Sections 498(A) and 494 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act whereas Cr. Misc. No. 794 of 2010 has been filed for quashing the order dated, 9.12.2009 passed by the Sessions Judge, Vaishali at Hajipur by which the petitioner has not been permitted to leave the country. Notices were issued vide order dated 7.9.2009 and the parties appeared in person on 18.2.2010, 19.2.2010 and also on 22.2.2010 in Chambers. After discussion the matters have now 2 been amicably settled between them. Opposite party no. 2 Kumari Radha @ Annu has agreed that she would not pursue Matrimonial Case No. 13 of 2008 which has been filed to set aside the decree of divorce passed in Matrimonial Case No. 288 of 2006. Opposite party no. 2 undertakes that this case would be withdrawn. Another case has been filed by opposite party no. 2 Kumari Radha @ Annu in the Court of the Principal Judge, Family Court, Vaishali for maintenance which is numbered as Case No. 12 of 2008. Opposite party no. 2 similarly undertakes that she would withdraw this case and not claim any maintenance. Learned counsel appearing on behalf of the petitioner on instructions of the petitioner has agreed to pay by way of one time settlement Rs. 5,00,000/- to the opposite party no. 2 namely Kumari Radha @ Annu. I, therefore, direct that the petitioner will pay in two equal instalments, a sum of Rs. 5,00,000/-. The first instalment should be paid within a period of one month from the date of receipt of this order. The petitioner would be at liberty to leave the country after making the payment of the first instalment. I accordingly further order that the Complaint Case No. 223 of 2008 and the order taking cognizance dated 20.1.2009 is quashed subject to payment of the entire amount of 5,00,000/- the second instalment of which should be paid within two months of the payment of the first instalment. Opposite party no. 2 Kumari 3 Radha @ Annu undertakes to withdraw the cases after she has received the full payment. This order has been passed in the presence of both the parties. Counsel for the petitioner submits that some documents and testimonials are lying with the petitioner. It is expected that the testimonials if they can be traced by the petitioner should be returned. These applications are disposed of with the aforesaid observations and directions. In the mean time, the proceedings in Matrimonial Case No. 13 of 2008 and 12 of 2008 shall remain stayed. Sanjay (Sheema Ali Khan, J.)