Patna High Court
PRATYUSH SRIVASTAVAversusTHE STATE OF BIHAR THROUGH THE HOME SECRETARY, GOVERNMENT OF BIHAR, PATNA.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court ordered the petitioner to deposit the second installment demand draft with the Sub‑Divisional Judicial Magistrate, who shall release it to the respondent upon proof of withdrawal of the other cases, and disposed the writ petition accordingly.
Summary
The petition filed by Pratyush Srivastava sought enforcement of a mediation settlement with Reva Saxena, wherein the parties agreed that the petitioner would pay Rs.16,00,000 in two installments as full and final settlement of three pending cases. The first installment of Rs.8,00,000 was paid, but the second installment remained unpaid and the respondent had not filed applications to withdraw the remaining cases. The High Court examined the memorandum of agreement and the mediator’s report, noting that both parties were willing to abide by the settlement. The Court directed the petitioner to furnish a demand draft of Rs.8,00,000 before the Sub‑Divisional Judicial Magistrate, Patna, who shall keep it in safe custody and release it to the respondent upon production of orders confirming withdrawal of the two other cases. The petitioner’s counsel requested withdrawal of the writ petition, and the Court disposed of the petition by issuing the aforesaid directions.
Issues considered
- Whether the petitioner must deposit the second installment of the settlement before the respondent withdraws the pending cases.
- Whether the court can direct the Sub‑Divisional Judicial Magistrate to hold the demand draft and release it upon proof of case withdrawals.
- Whether the writ petition can be disposed with directions enforcing the settlement agreement.
Subjects
- mediation settlement
- demand draft
- withdrawal of cases
- criminal writ jurisdiction
- enforcement of settlement
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.871 of 2023
Arising Out of PS. Case No.-5359 Year-2019 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Pratyush Srivastava, S/O Arun Kumar Chand Srivastav, Resident of 749-I,
Ganeshpuram, Rapti Nagar, Phase, Gorakhpur (U.P.), 273003
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar, Patna.
Bihar
2. Reva Saxena, D/O Pushkar Saxena, Resident of Flat No.- 104 Sabita
Apartment Ram Nagri More, Ashiyana, Nagar, P.S.- Rajiv Nagar, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Srivastava, Advocate
Mr. Shashwat Srivastava, Advocate
For the State : Mr. Deepak Kumar, AC to GP-4
For Respondent No.2 : Mr. Anil Kumar Sinha, Advocate
Mr. Umesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 24-02-2026 The matter of the parties was referred for mediation
and the dispute between the parties has been resolved after
mediation. From the report of learned Mediator dated
19.09.2025, it transpires that the petitioner agreed to pay
Rs.16,00,000/- in two installments as full and final settlement
with respondent no.2 and it has also been submitted that the
petitioner has already paid first installment of Rs. 8,00,000/- on
03.10.2025. Thereafter, the second installment of Rs.8,00,000/-
was to be paid at the time of withdrawal of cases filed by the
respondent party no.2.
Patna High Court CR. WJC No.871 of 2023(4) dt.24-02-2026
2/4
2. The learned counsel for the petitioner submits that
the respondent no.2, after receiving the first installment of
Rs.8,00,000/-, has not filed any application for withdrawal of
the cases mentioned in the memorandum of agreement in
Mediation Proceeding No.903/2025. A total of three cases has
been lodged between the parties, out of which, two cases are
pending before the courts at Patna, whereas one case is pending
before the learned Additional Principal Judge, Family Court,
Gorakhpur (UP).
3. On the other hand, learned counsel appearing on
behalf of respondent no. 2 submits that the petitioner is avoiding
appearance in the court concerned, whereas the respondent no. 2
has been appearing before the court concerned. Since, no further
payment has been made, no application for withdrawal of cases
has been filed.
4. Perused the record.
5. From perusal of record, I find that both the parties
have agreed to withdraw their respective cases (civil or
criminal). Further from perusal of the memorandum of
agreement, I find that the petitioner is required to pay the second
installment of Rs. 8,00,000/-towards full and final settlement
through demand draft at the time of withdrawal of cases.
Patna High Court CR. WJC No.871 of 2023(4) dt.24-02-2026
3/4
6. Since both the parties are willing to abide by their
settlement, the petitioner is directed to furnish the demand draft
of Rs.8,00,000/- before the court of learned Sub-Divisional
Judicial Magistrate, Patna on the next date fixed in Complaint
Case No. 5359(C) of 2019. Thereafter, the learned Sub-
Divisional Judicial Magistrate, Patna would keep the demand
draft in safe custody and would hand it over to the respondent
no.2 when the respondent no. 2 would produce the copy of
orders of other two courts regarding withdrawal of cases
namely, Maintenance Case No. 4042 of 2019, pending before
the learned Additional Principal Judge, Family Court, Patna and
Miscellaneous Case No. 183 of 2024, pending before the
learned Additional Principal Judge, Family Court, Gorakhpur
(UP). When the proof of withdrawal of these two cases is
produced before the learned Sub-Divisional Judicial Magistrate,
Patna, the learned Sub-Divisional Judicial Magistrate, Patna
would proceed for disposal of Complaint Case No.5359(C) of
2019 in terms of settlement between the parties and after
disposal of Complaint Case No.5359 (C) of 2019 would hand
over the demand draft to respondent no.2.
7. At this stage, learned counsel for the petitioner
seeks permission to withdraw the present petition, submitting
Patna High Court CR. WJC No.871 of 2023(4) dt.24-02-2026
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that the respondent no. 2 be directed to abide by her settlement
and learned Sub-Divisional Judicial Magistrate, Patna be
directed to strictly comply the orders of this Court.
8. Therefore, the present writ petition stands disposed
of in terms of aforesaid direction to the respondent no. 2 as well
as learned Sub-Divisional Judicial Magistrate, Patna.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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