Disposed

Shyam Sundari Devi and Ors. v. State of Bihar and Anr.

Patna HC18 Apr 2014CR. MISC./37600/2010

Case brief

AI extract

What is this about?

This order disposed of two criminal miscellaneous petitions arising from the same complaint by granting liberty to parties to file a compromise petition based on a mediator's memorandum, directing the court below to decide within two months.

What did the court decide?

Liberty to file a compromise petition based on the mediator's report; reference to the court below to decide within two months.

Shyam Sundari Devi and Ors. Vs State of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 37600 of 2010

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Shyam Sundari Devi Wife of Late Bansidhar Singh

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Pankaj Kumar Son of late Bansidhar Singh

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Rekha Devi Wife of Pankaj Kumar

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Sanjay Kumar Singh son of late Bansidhar Singh

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Lalita Singh Wife of Sanjay Kumar

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All Resident of Mohalla New Patliputra Colony, 1/33, Shyama Sadan, P.S. Patliputra, District Patna.

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.... .... Petitioners

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Versus

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The State of Bihar

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Anita Kumari Wife of Niraj Kumar D/o Rajendra Prasad Sinha, Resident of Mohalla Shivpuri, Road No. 1A, House No. 16, P.S. Shastri Nagar, District- Patna.

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.... .... Opposite Parties

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with

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Criminal Miscellaneous No. 37622 of 2010

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===================================================

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Niraj Kumar Son of Late Bansidhar Singh, Resident of Mohalla New Patliputra Colony, 1/33 Shyama Sadan, P.S. Patliputra, District- Patna.

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.... .... Petitioner Versus

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The State of Bihar

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Anita Kumari Wife of Niraj Kumar D/o Rajendra Prasad Sinha, Resident of Mohalla Shivpuri, Road No. 1 A, House No. 16, P.S. Shastri Nagar, District- Patna. .... .... Opposite Parties

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=================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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5. 18-04-2014 Heard learned counsel for petitioner(s) and learned counsel, who has appeared on behalf of complainant/opp. party no. 2.

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Since both the aforesaid petitions arise out of same complaint case i.e. Complaint Case No. 2553(C) of 2009, both the petitions were heard together and are being disposed of by this common order.

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Patna High Court Cr.Misc. No.37600 of 2010 (5) dt.18-04-2014

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2^nd case i.e. Cr. Misc. No. 37622 of 2010 has been filed by husband of opp. party no. 2, whereas, petitioners in the 1^st case i.e. Cr. Misc. No. 37600 of 2010 are in-laws of opp. party no. 2 (family members of petitioner of 2^nd case).

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Earlier, this case was referred to the Mediation & Conciliation Centre of Patna High Court and in this case, a report has already been submitted by the Mediator, which is kept at flag ‘ M ’. The report of the Mediator dated 07-04-2014 is enclosed with memorandum of agreement.

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The memorandum of agreement is as follows:-

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(one time Maintenance)

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Patna High Court Cr.Misc. No.37600 of 2010 (5) dt.18-04-2014

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Learned counsel for both the parties had made a prayer for disposal of the aforesaid petitions with a direction to the court below to examine the matter in terms of memorandum of agreement, prepared by the Mediator.

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In view of submission made by learned counsel for both the parties, there is no need to keep the matter pending.

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Both the petitions are disposed of granting liberty to the parties to file a compromise petition in terms

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Patna High Court Cr.Misc. No.37600 of 2010 (5) dt.18-04-2014

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of memorandum of agreement, which is part of this order. If such petition is filed before the court below, the learned court below may examine the same and pass appropriate order in accordance with law, preferably within a period of two months from the date of filing of such compromise petition.

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(Rakesh Kumar, J.)

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Anay

Shyam Sundari Devi and Ors. v. State of Bihar and Anr.

Case brief

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Shyam Sundari Devi and Ors. v. State of Bihar and Anr.

Case brief

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