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Md. Afsar Hussain Parvez & Ors. v. The State of Bihar & Anr.

Criminal Appeal · 2018 INSC 1072Decided 16 Nov 2018
Criminal Appeal No. 1404 of 2018
Justice Kurian Joseph · Justice Hemant Gupta

Background

The appellants were facing criminal proceedings under the Protection of Women from Domestic Violence Act, 2005, after the Patna High Court declined to quash the process issued against them. On appeal, the Supreme Court noted the possibility of settlement and referred the parties, with their consent, to the Supreme Court Mediation Center.

Decision Breakdown

The first appellant and the second respondent appeared before the Court and confirmed they had resolved their dispute through mediation, reducing the terms to a signed Settlement Agreement dated 15 November 2018, which the Court took on record and made part of its decree. The Court disposed of the appeal in terms of that settlement, directed that no coercive action be taken by either side while the agreement's obligations were being carried out, and ordered that outstanding non-bailable warrants against the first appellant be held in abeyance and recalled once his obligations (including a Rs. 5 lakh payment, handed over and acknowledged in court) were discharged. The Court specifically appreciated the mediator's efforts in achieving the settlement.

Lesson Learnt

Even serious criminal matters arising from family/domestic disputes can be resolved through court-referred mediation, and a genuine, documented settlement can lead to final disposal of the case with protective directions (like holding warrants in abeyance) built in to encourage compliance.

Official source (sci.gov.in)View Judgment (PDF)

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