IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44382 of 2007 MD.ASHAD KASIM @ SAIFI SON OF SRI SHAHID KARIM AT PRESENT RESIDENT OF FLAT NO.501, HAPPY HOME CASTLE, RED HILLS, P.S. NAM PALLI TOWN, DISTRICT HYDERABAD …..Petitioner Versus 1.STATE OF BIHAR 2.SMT.GULFAM NIKHAT WIFE OF SRI MD.ASHAD KARIM @ SAIFI D/O SRI ABDUL QUADIR, AT PRESENT RESIDENT OF MOHALLA NADOUL, P.S. MASAURHI, DISTRICT- PATNA ……….OPPOSITE PARTIES 9 13.1.2010 The petitioner prays for quashing the order dated 19.6.2002 passed by the learned Sessions Judge, Patna in Criminal Revision No.209 of 2002, whereby he rejected the petition preferred against the order dated 7.1.2002, passed in Complaint Case No.1981C/2001 by the learned S.D.J.M., Patna taking cognizance of an offence under sections 498A, 384, 342, 323, 120B, 420 of the Penal Code and section 3/4 of the Dowry Prohibition Act. This court on 15.1.2009 issued notice to Opposite party no.2 and stayed the further proceedings in Complaint Case No.1981C of 2001. During the hearing of this case, counsel for the parties stated that there is a possible chance of compromise between the petitioner and Opposite party no.2, the complainant. In course of hearing, the petitioner states that neither he will make any claim to the Flat bearing no.501, Happy Home Castle, Red Hills, P.S. Nam Palli Town, District Hyderabad which stands in the name of the Opposite party no.2, the complainant nor he would make any claim to any other flat standing in the name of the Opposite party no.2, the Complaint Smt. Gulfam Nikhat. The petitioner further states that besides this, he is willing to pay a sum of Rs.5 lacs in equal two installments through Bank 2 draft drawn in favour of the Opposite party no.2 Smt. Gulfam Nikhat at an interval of two months each. Learned counsel for the petitioner is willing to put the aforesaid fact on an affidavit. Learned counsel for the Opposite party no.2 states that the petitioner should return the paper concerning the flat in question situated at Hyderabad. Learned counsel for the petitioner submits that to the best of his knowledge the petitioner does not have any paper of the flat in question. The petitioner states that he would also file an affidavit that he has not sold the aforesaid flat to any one. After hearing counsel for the parties, this court disposes of this application in the following terms: i) The petitioner would file an affidavit in respect of the aforesaid submissions made before this court in the learned court below within three weeks from today and would also pay a sum of Rs.5 lacs in equal two installments within a period of four and half months from today. ii) The complainant would also file an affidavit in the learned court below regarding the proposed compromise. iii) No coercive steps would be taken against the petitioner to enable the petitioner to file his affidavit in learned court below who is in seisin of the case, as stated above. iv) In case both the parties agreed to the terms of the compromise and that they do not want to pursue their case, the learned court below, who is in seisin of the matter, would dispose of the case expeditiously preferably 3 KHAN within two months thereafter in view of compromise. v) The Complainant would also take steps for withdrawal of case filed against the petitioner. (S.P.Singh,J)