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Patna High Court

PRATYUSH SRIVASTAVAversusTHE STATE OF BIHAR THROUGH THE HOME SECRETARY, GOVERNMENT OF BIHAR, PATNA.

Decided
Disposal
DISPOSED

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
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                       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
                                                       4/4




                     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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