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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  NO(S).  1404 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 4190 OF 2018]

MD. AFSAR HUSSAIN PARVEZ & ORS.              Appellant(s)

                               VERSUS

THE STATE OF BIHAR & ANR.                    Respondent(s)

J U D G M E N T KURIAN, J.

1. Leave granted.

2. The appellants are before this Court, aggrieved

by  the  order  dated  18.10.2017  passed  by  the  High

Court  of  Judicature  at  Patna.   The  High  Court

declined to interfere with the process issued by the

criminal court in a proceeding initiated under the

provisions of the Protection of Women from Domestic

Violence Act, 2005.

3. When  the  matter  came  up  before  this  Court,

finding that there is an element of settlement, with

their consent, the parties were referred to Supreme

Court Mediation Center.

4. Today,  the  first  appellant  and  the  second

respondent  are present  before this  Court.  We are

happy  to note  that the  parties have  settled their

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disputes before the mediation center and they have

also  reduced  the  terms  of  agreement  by  way  of  a

Settlement Agreement.  The Settlement Agreement, duly

signed by the parties and their respective counsel

and the learned mediator, is taken on record.  The

same shall form part of the decree.  This appeal is

disposed  of  in  terms  of  the  Settlement  Agreement

dated 15.11.2018.

5. We make it clear that there shall be no coercive

action against each other during the time the parties

have  sought  for  completion  of  their  respective

obligations under the Settlement Agreement.

6. Needless to say that the non-bailable warrants

issued against the first appellant will be kept in

abeyance.   It  is  made  clear  that  in  case  the

respective obligations are discharged, the warrants

will stand recalled on that date.

7. In  terms  of  the  settlement,  today  the  first

appellant has handed over a cheque for an amount of

Rs.  5 Lakhs to the second respondent, which has been

duly acknowledged by the second respondent.

8. We  record  our  appreciation  for  the  strenuous

efforts  taken  by  Ms.  Nandini  Gore,  the  learned

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mediator, and the cooperation extended by the learned

counsel on both sides and the parties themselves.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ HEMANT GUPTA ]  

New Delhi; November 16, 2018.