Patna High Court
Anuranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the time period for completing the settlement payments can be extended, allowing the compromise to be effected, provided the parties adhere to the stipulated timeline.
Summary
The petitioner, Anuranjan Kumar, filed an application seeking modification of a previous order that mandated payment of a settlement amount in a criminal case under Section 498A IPC. The settlement of Rs.4 lakh was partially paid, with Rs.75,000 paid at bail and Rs.20,000 subsequently, and the petitioner offered to pay the remaining Rs.2 lakh within a month and the final Rs.1 lakh after filing a mutual consent divorce under Section 13B of the Hindu Marriage Act. The court considered whether the passage of time should impede the parties' agreed settlement. It held that, given the compromise and partial payments, the court may extend the time for the remaining payments. Consequently, the court extended the payment deadline by two months, subject to reasonable discretion and adherence to the timeline. The application was disposed with these directions.
Issues considered
- Whether the court can extend the time for payment of a settlement in a case under Section 498A IPC when parties have agreed to a compromise.
- Whether the factor of time should bar the enforcement of a settlement agreement in a criminal compromise case.
Legislation cited
- Hindu Marriage Act — s. 13B
- Indian Penal Code — s. 498A
Subjects
- Section 498A
- settlement
- compromise
- time extension
- mutual consent divorce
- Hindu Marriage Act
- criminal case
- payment schedule
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34952 of 2026
In
CRIMINAL MISCELLANEOUS No.31676 of 2024
Arising Out of PS. Case No.-1142 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Anuranjan Kumar S/o Sri Anuj Sharma @ Kumar Sharma R/o Village - Tagar
toli, P.S. -Namkum, P.S. - Namkum, Dist. - Ranchi(Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Laxmi Kumari W/o Anuranjan Kuma, D/o Anand Kumar Sharma or Anant
Kumar Sharma r R/o Kaganghat Chugany, P.S. - Chowk, Dist. - Patna.
Sasural - Simdarol, Tangar Toli, P.S. - Namkum, Dist. - Ranchi(Jharkhand),
Pin Code - 834001.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Nelima Sinha, Advocate
Mr. Vivek Kumar, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The present application has been filed for modification
of order dated 06.05.2025 in Cr. Misc. No.31676 of 2024 seeking
extension of time for making payment to the opposite party no.2,
which had been agreed between the parties to arrive at one time
settlement. 34952
3. Learned counsel for the petitioner submits that out of
total settlement amount of Rs.4 lakhs, first installment of Rs.75,000/-
was paid at the time of furnishing bail bonds and additional amount
of Rs.20,000/- has already been paid. The petitioner is also ready to
pay an amount of Rs.2 lakhs, which the petitioner undertakes to pay
Patna High Court CR. MISC. No.34952 of 2026(2) dt.15-05-2026
2/2
within a period of one month from today and the last installment of
Rs.1 lakh after filing of mutual consent divorce application under
Section 13B of Hindu Marriage Act, on the date of admission, which
had been earlier agreed upon by order dated 06.05.2025.
4. Since the present case relates to Section 498A IPC
where compromise has been reached between the parties and some
payment has already been made, the time factor should not come in
way of settlement between the parties, if both parties are agreeable to
the same.
5. In such view of the matter, the time period of making
the rest of the payment is extended to another two months from the
date of receipt/production of copy of this order. However, the Court
concerned may be at liberty to exercise its discretion for any further
accommodation in the larger interest of giving final effect to the
settlement arrived between the parties, by way of order dated
06.05.2025 passed by this Court in Cr. Misc. No.31676/2024. It is at
the same time made clear that the parties are bound to adhere to the
timeline and the Court concerned would give indulgence only to the
extent which is reasonable and not beyond that.
6. The application stands disposed of with the above
directions and observations.
(Soni Shrivastava, J)
Harsh/-
U T
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