- (1.) First Appeal No. 117 of 2015 was filed by the appellant-husband aggrieved by the judgment and decree dated 7.7.2015/16.7.2015 passed by the Principal Judge, Family Court, Ranchi in M.T.S. Case No. 213 of 2011, whereunder, the learned court has dissolved the marriage between the parties and directed the respondent husband to pay Rs. 7 lakhs as permanent alimony, return Stridhan as per list, the Scooty, Educational Certificates of the petitioner-wife/respondent herein and key of the locker within two months from the date of passing of the judgment.
(2.) First Appeal No. 118 of 2015 has also been filed by the petitioner-husband/appellant herein against the common judgment and decree of same date 07.7.2015/16.7.2015 passed by the learned Principal Judge, Family Court, Ranchi in M.T.S. No. 251 of 2011 whereunder the prayer made by him for a decree for restitution of conjugal rights has been rejected on contest. The appellant being aggrieved has preferred these two appeals. In both the appeals Interlocutory Applications have been filed bearing I.A. Nos. 3482 of 2018 and 3483 of 2018 by the appellant seeking permission to withdraw the respective first appeals.
(3.) As per averments made in I.A. No. 3482 of 2018, a compromise has been arrived at between the parties on 14.2.2018 which has been filed in Complaint Case No. 1005 of 2011 in the court of learned Additional Chief Judicial Magistrate, Ranchi, whereunder the parties have agreed to settle their disputes on certain terms and conditions. The compromise petition is enclosed to instant interlocutory application and the terms agreed thereunder are extracted herein below: 1. That the both parties have amicably compromised their case out of the court premises with the help of their well wishers and friends. 2. That the instant case is u/s 323 and 498A of the I.P.C. as well as u/s 3/4 of the D.P.Act. 3. That accused Manish Anand has also filed a complaint case against Supriya Kumari bearing its no.449/2014, which is U/Ss. 341,504,506,500 as well as 509 I.P.C., pending in the learned court of C.J.M.,Ranchi; as well as one another complaint case bearing its no. C.123/2013 against Anant Kumar Pandey son of Late Jagniwas Pandey, resident of village Ghaghra, P.S. Ghaghra, District Gumla, u/s 500 and 504 IPC, which has also filed by Manish Anand which is pending in the learned court of Shri Anuj Kumar, J.M., Ranchi, in which complainant is ready to dispose of the said two complaint cases bearing its no. 449/2014 as well as 123/2013 by filing compromise petition. 4. That complainant Supriya Kumari of the instant case no. C.1005/2011 is also ready to withdraw her Execution case no. 03/2016, which is pending in the learned court of the Principal Judge, Family Court, Ranchi, for execution proceeding. 5. That the complainant Supriya Kumari and the accused persons Manish Anand and Meena Devi have decided to compromise their all cases which are pending in said learned courts by filing compromise petition as well as withdrawal petition in which there will be no any kind of hindrance or objection for disposal of the cases as details of which has already been given above. 6. That the complainant Supriya Kumari, and the accused persons Manish Anand and Meena Devi have settled their dispute and accused persons are ready to give Rs. 4,50,000/- to the complainant Supriya Kumari, who also accepted it to receive the said amount as full and final amount for disposing of her all cases by sway of compromise and by filing withdrawal petition and thereafter she will not make claim over the landed property movable or immovable belonging to Manish Anand and Meena Devi and demand more money as written above from them after disposal of the said cases. Accused Manish Anand will return all the documents related to the scooty, gas connection, Voter card, Pan card, driving license, educational certificates and all the photographs whatever will be found in his possession and will not misuse the same in future. 7. That Manish Anand is also ready to file withdrawal petition in Matrimonial Appeal bearing its No. 117/2015 as well as 118/2018, which are pending before the Hon ble High Court of Jharkhand in which Manish Anand is appellant and Supriya Kumari is Opposite Party. 8. That divorce has already been taken place between Supriya Kumari and Manish Anand vide order dated 7.7.2015 in M.T.S. Case No. 213/2011 as it is known to both parties. 9. That out of Rs. 4,50,000/- accused Manish Anand has already given a Bank Draft of Rs. 2,00,000/- (Rupees Two Lakh) on 2.2.2018 of ICICI Bank, Bariatu Branch, Ranchi, bearing its No. 500851 in the name of Supriya Kumari, as she has received in the instant case on 2.2.2018 and now accused persons are giving Bank Draft bearing No. 003922 of HDFC, Bank issued in the name of the complainant worth Rs. 2,00,000/0(Rupees Two Lakh). Rest amount i.e. Rs. 50,000/- will be paid within 16.2.2018. 10. That the complainant Supriya Kumari is also ready to withdraw the Execution Case no. 3/2016 which is pending in the learned court of Principal Judge, Family Court, Ranchi. 11. That after compromise and filing this compromise petition, the both parties do not want to proceed with the case in future and they will not involve themselves in future litigation. 12. That this compromise petition is being filed with the consent of both parties in which there is no any kind of coercion, compulsion, pressure and threat made by either party. 13. That after compromise the both parties are free to lead their lives as per their choice in future and both of them will not misuse their photographs through social media or by any means. 14. That if any party break the above terms and conditions then the cases will be reinstead. In terms thereof the appellant has prayed for withdrawal of the First Appeal No. 117 of 2015.;