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2025 DAILYLAW 101317 (PAT)

LALU PANDIT v. THE STATE OF BIHAR

CR. MISC./10536/2024 · 2025-10-13

Purnendu Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10536 of 2024 Arising Out of PS. Case No.-533 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== 1. Lalu Pandit D/O Devu Pandit @ Debu Pandit R/O Village- Pratapganj Bhawanipur Dakshin, P.O And P.S- Pratapganj, Distt.- Supaul. 2. Devu Pandit @ Debu Pandit S/O Late Bhola Pandit R/O Village- Pratapganj Bhawanipur Dakshin, P.O And P.S- Pratapganj, Distt.- Supaul. 3. Lukhiya Devi W/O Devu Pandit @ Debu Pandit R/O Village- Pratapganj Bhawanipur Dakshin, P.O And P.S- Pratapganj, Distt.- Supaul. 4. Dilip Pandit @ Dilip Kumar S/O Devu Pandit @ Debu Pandit R/O Village- Pratapganj Bhawanipur Dakshin, P.O And P.S- Pratapganj, Distt.- Supaul. 5. Shanti Devi W/O Dilip Pandit @ Dilip Kumar R/O Village- Pratapganj Bhawanipur Dakshin, P.O And P.S- Pratapganj, Distt.- Supaul. ... ... Petitioner/s Versus 1. The State Of Bihar 2. Puja Devi W/O Lalu Pandit R/O Village- Pratapganj Bhawanipur Dakshin, P.O And P.S- Pratapganj, Distt.- Supaul. At Present Resident Of Village- Matasthan, Bhagat Tola Ward No.- 28, P.S- Araria, Distt.- Araria 3. Lalu Pandit(Husband) aged about 41 years (Male), S/o Devu Pandit / Debu Pandit, R.o Village- Pratapganj Bhawanipur Dakshin, PO/PS- Pratapganj, District- Supaul ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate Mr. Akshay Lal Pandit, Advocate Mr. Arvind Kumar, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP For the O.P. No.2 : Mr. Adhav Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 4 13-10-2025 Heard learned counsels appearing on behalf of the petitioners and learned counsels appearing on behalf of the opposite party. 2. At the outset, learned counsel appearing on behalf of petitioners seeks to modify the name of the petitioner no.2 in Patna High Court CR. MISC. No.10536 of 2024(4) dt.13-10-2025 2/3 course of the day. 3. He is permitted to do so. 4. Learned counsel appearing on behalf of petitioners referring to report of learned Mediator dated 26.09.2025 submitted that the dispute between the parties has been resolved through the process of mediation, as they have entered into one time settlement by Memorandum of Agreement dated 25.09.2025 in presence of learned Mediator and the respective counsels appearing on behalf of the parties for a sum of Rs.5 lakhs, out of which a Demand Draft Rs.3 lakhs dated 23.09.2025 in favour of O.P. No.2 has already been given and the rest amount of Rs. 2 lakhs was assured to be handed over to the O.P. No.2 in the form of Demand Draft at the time of filing of mutual divorce petition before the learned District Court. 5. Learned counsel appearing on behalf of parties informs this Court that the said divorce petition will be filed on or before 04.11.2025. 6. Considering the aforesaid submissions, it is evident that the parties have already settled their dispute and only requirement is that they want divorce on mutual ground and when mutual divorce will be filed, a sum of Rs. 2 lakhs will be paid to the O.P. No.2 by the petitioner. This Court finds that as Patna High Court CR. MISC. No.10536 of 2024(4) dt.13-10-2025 3/3 the parties have now settled their dispute, they may not wait any further in their own interest and may proceed to file their mutual divorce petition before the Principal Judge, Family Court, Araria before the date as mentioned above. 7. In case of failure, the law will take its own course. 8. Accordingly, the present application stands disposed of. Ashishsingh/- (Purnendu Singh, J) U T