Allowed

Nasir Quraishi @ Nasir v. State Of Bihar and Anr.

Patna HC2 Aug 2017CR. MISC./32863/2014

Case brief

AI extract

What is this about?

The High Court of Patna allowed a criminal petition to quash proceedings under Section 498A IPC arising from a domestic dispute. The Court noted that the marriage had dissolved and the parties had reached an amicable settlement via mediation, involving a one-time payment and mutual withdrawal of cases. Consequently, the summons order was quashed, and the settlement terms were made rules of the cou

What did the court decide?

The summons order dated 09.09.2013 in Trial No. 2698 of 2014 under Section 498A IPC was quashed. The settlement agreement dated 14.01.2016 was made rules of the court.

Nasir Quraishi @ Nasir Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32863 of 2014

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Arising Out of PS.Case No. -168 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH)

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

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Nasir Quraishi @ Nasir Son of Rahim Quarishi R/o village - Chhota Beldari, P.S. Bettiah Muffassil, District - West Champaran

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Yasmin Khatoon d/o Arman Quairasi resident of village - Beldarpatti Road, Chanpatia, Ward No.8, P.S. Chanpatia Distt. - West Champaran

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr.Ravindra Kumar(App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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5 02-08-2017 Learned counsel for the petitioner and learned A.P.P. for State Sri Ravindra Kumar are present. However, no body appears on behalf of opposite party no. 2.

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On 26.07.2017 when this matter was taken up, no body had appeared for opposite party no. 2. It appears that opposite party no. 2 has got no interest left in this matter since the matter has already been settled between the parties through mediation process. This Court, by an order dated 01.10.2015, had referred the matter to the Mediation & Conciliation Centre. A request of the Members/ Reconciliator, Patna High Court Mediation & Conciliation Centre dated 18.01.2016 has been received. As per the report dated 18.01.2016, the dispute between

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Patna High Court Cr.Misc. No.32863 of 2014 (5) dt.02-08-2017

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the parties has been resolved through the process of Mediation and an agreement dated 14.01.2016 has been entered into between the petitioner and opposite party no. 2, in presence of their counsels as well as in presence of the Mediator.

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The parties have come to an amicable settlement on the following terms and conditions :

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1. Both the parties i.e. husband namely Nasir Quraishi @ Nasir and wife namely Yasmin Khatoon decided to live separately and they are separated since 07.09.2011.

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2. Total one time settlement amount of Rs. 19,051/- (Rs. Nineteen thousand fifty one rupees only) and articles like Plunge, Table, Chair and Box etc. (total seventy three items) as agreed between the parties have been given to opposite party no. 2 by her husband (petitioner).

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3. Both the parties have agreed to withdraw their cases (Criminal and Civil) filed against each other.

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4. That the parties will have no grievance of any kind against each other.

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Patna High Court Cr.Misc. No.32863 of 2014 (5) dt.02-08-2017

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5. That now there is no dispute of any type

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remaining between the parties.

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6. That the above contents of this agreement have been read over before the parties and explained in Hindi in presence of their respective lawyers which have fully understood and accepted thereupon.

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That in the above terms and conditions a settlement has been arrived at between the parties and both have made their sign in presence of their learned counsels, who have also put their signature on this agreement paper.

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The aforesaid terms and conditions at serial nos. 1 to 7 are made rule of the Court and the parties are directed to adhere to the same.

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In view of the aforesaid settlement arrived at between the parties, the order dated 09.09.2013 passed in Trial no. 2698 of 2014 arising out of complaint case no. 168-C of 2013, whereby and whereunder, the petitioner and others have been summoned to face trial for the offences punishable under Section 498A of Indian Penal Code is hereby quashed.

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Patna High Court Cr.Misc. No.32863 of 2014 (5) dt.02-08-2017

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order.

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The petition is allowed in terms of the aforesaid

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(Mohit Kumar Shah, J.)

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rinkee/-

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U T

Nasir Quraishi @ Nasir v. State Of Bihar and Anr.

Case brief

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Nasir Quraishi @ Nasir v. State Of Bihar and Anr.

Case brief

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