Aruna Kumari And Ors vs Vishal Kumar And Ors

Pursuant to the order dated 08.11.2019, the parties have appeared before the Mediator at JHALSA.

Order dated 08.11.2019 reads as under:

“On 12.10.2019 the following order was passed in Criminal Revision No. 1541 of 2015:

Sri Anil Kumar, the learned Senior counsel appearing for O.P states that in Criminal Revision No.461 of 2016 which has been filed by the

petitioner challenging the order by which his application for discharge in the criminal case has been rejected, this Court has taken steps for

conciliation.

Sri Anil Kumar, the learned Senior counsel for O.P submits that this criminal revision petition may be heard along with Criminal Revision

No.461 of 2016 in view of the above development.

Sri V.P Singh, the learned Senior counsel for the petitioner, namely, Aruna Kumari, to a Court's query, states that he has no objection if

both the criminal revision petitions are heard together.

On their requests, post this matter on 08.11.2019 under the heading “Final Disposalâ€​.

Order dated 12.10.2019 has a reference of Criminal Revision No. 461 of 2016 in which on 02.08.2016 the following order was passed

by this Court:

It has been submitted by Mr. Anil Kumar Sinha, the learned Senior counsel for the petitioner that the marriage of the petitioner no. 1 with

the informant-opposite party no. 2 had taken place on 30.11.2008 and after which on 02.12.2008 she was gone to matrimonial home at

Pune and had returned back on 16.01.2009. Learned Senior counsel further submits that the entire alleged occurrence has been taken

place in Pune, but only to create territorial jurisdiction some allegation has been made of some incidents taking place at Ranchi. He further

submits that after the institution of the case based on oral agreement, the amount of Rs.8,50,000/- was returned back to opposite party no.

But subsequently she had resiled from her earlier commitment after she was successful in the Bihar Public Service Commission

examination.

Issue notice to the opposite party no. 2 as to why this application be not admitted and/or be dispose of at the admission stage itself for which

requisites under registered cover with A/d as well as through ordinary process be filed by 09.08.2016.

List this case immediately on appearance of the opposite party no. 2.

Until further orders, proceeding in connection with Complaint Case No. 2076 of 2009 pending in the court of SDJM, Ranchi shall remain

stayed.

On 18.10.2019, when Criminal Revision No. 461 of 2016 was posted for hearing, the following order was passed by this Court:

Mr. Deepankar, the learned counsel appears for O.P No.2.

On 24.10.2018, the following order was passed by this Court:

Pursuant to the order dated 27.8.2018, petitioner no. 1 as well as O.P. No. 2 are physically present.

A talk of compromise has been initiated and the O.P. No. 2 has submitted that she is ready to settle the dispute if Rs.25,00,000/- as

permanent alimony is paid to her. At this, petitioner no.1, who is present in person, has submitted that he wants to settle the matter but he is

not agreeable with the said offer.

Since the petitioner no.1 has to travel from Pune, let this case be listed on 30th November, 2018 under the heading For Orders, on which

date, learned counsel for the petitioners shall convey to the court as to whether petitioner no.1 is ready to accept the said offer, which has

been made by the O.P. No.2. Further necessary orders shall be passed on the next date of listing.

List accordingly,

Let a copy of the order be given to learned counsel for the respective parties.

Ms Chandana Kumari, the learned counsel for the petitioners submits that the petitioners have filed an affidavit stating that they are ready

and willing to settle their dispute with O.P No.2 amicably and they are also ready to pay Rs.25 lakhs to O.P No.2 as permanent alimony.

Mr. Deepankar, the learned counsel for O.P No.2 submits that O.P No.2 is also ready and willing to settle the issue finally.

The learned counsels appearing for both the parties state that a joint compromise petition shall be filed by both the parties for withdrawing

the cases filed by them against each other.

On their requests, post the matter on 08.11.2019 along with Criminal Revision No.1541 of 2015.

An affidavit has been filed by the petitioners in Criminal Revision No. 461 of 2016 to the effect that they are ready to amicably settle the

dispute with O.P No. 2, namely, Smt. Aruna Kumari, however, there is no affidavit filed by O.P No. 2 in response to the affidavit dated

09.08.2019.

Mr. V. P. Singh, the learned Senior counsel who appears in Criminal Revision No. 1541 of 2015, on instructions, states that principally

O.P No. 2 in Criminal Revision No. 461 of 2016 who is the petitioner in Criminal Revision No. 1541 of 2015 is agreeable for amicable

settlement of their dispute.

In view of the aforesaid facts, I deem it proper to refer the parties before Mr. P. N. Singh, the Mediator, JHALSA, Ranchi before whom a

final settlement and modalities shall be thrashed out by the parties.

Before the Mediator, the parties may appear in-person or through their authorised representatives.

Let both the parties/their representatives appear before the learned Mediator on 30.11.2019.

Post these matters on 20.12.2019.â€​

A report dated 02.12.2019 has been produced on record. This report is accompanied by written agreement; hand written agreement, between the

parties which has been signed by both the parties and their respective counsels.

Let photo-copy of the written agreement be kept on record. Both the parties have agreed that the original written agreement shall remain in the

custody of the wife who shall produce it whenever required by Vishal Kumar, her husband.

Mr. V.P. Singh, the learned Senior counsel, Ms. Chandana Kumari and Mr. Deepankar, the learned counsels who appear for the parties in both the

matters submit that in view of the settlement of dispute between the parties these criminal revision petitions have been rendered infructuous.

The settlement of matrimonial dispute between husband and wife is always welcomed. It brings peace and harmony in the family and society.

Keeping in mind well-being of both the parties and since they have mutually settled their dispute amongst themselves, Criminal Revision No. 1541 of

2015 and Criminal Revision No. 461 of 2016 stand disposed of, in terms of the agreement which shall form part of the record.

I.A. No. 6703 of 2019 in Criminal Revision No. 1541 of 2015 and I.A. No. 3579 of 2019 in Criminal Revision No. 461 of 2016 stand disposed of.