Featured image for Supreme Court Judgment dated 16-11-2018 in case of petitioner name Md. Afsar Hussain Parvez & Oth vs The State of Bihar & Another
| |

Domestic Violence Case Settled: Supreme Court Resolves Dispute Through Mediation

The case of Md. Afsar Hussain Parvez & Others v. The State of Bihar & Another is a significant ruling from the Supreme Court of India concerning a domestic violence case that was resolved through mediation. The appellants approached the Supreme Court after the Patna High Court refused to interfere with the ongoing criminal proceedings under the Protection of Women from Domestic Violence Act, 2005.

The Supreme Court, recognizing the possibility of a settlement between the parties, referred the matter to its Mediation Center. The dispute was successfully resolved, and the Court formalized the settlement terms through its judgment on November 16, 2018. This case highlights the importance of mediation in resolving sensitive domestic disputes and the judiciary’s role in promoting amicable settlements.

Background of the Case

The dispute originated from allegations of domestic violence filed by the second respondent against the first appellant and his family members. The complaint was registered under the Protection of Women from Domestic Violence Act, 2005, and the trial court initiated criminal proceedings against the accused.

The appellants challenged the initiation of these proceedings before the Patna High Court, seeking quashing of the case. However, the High Court declined to interfere, leading the appellants to file a special leave petition before the Supreme Court of India.

Legal Issues

  • Whether the ongoing criminal proceedings under the Domestic Violence Act could be quashed.
  • Whether mediation could be an appropriate remedy in resolving a domestic dispute involving allegations of violence.
  • Whether the settlement agreement between the parties should be upheld by the Supreme Court.

Arguments Presented

Appellants’ Arguments

  • The appellants contended that the dispute was a family matter and should be resolved amicably rather than through criminal prosecution.
  • They argued that the allegations were exaggerated and could be settled through mutual agreement.
  • They requested the Supreme Court to consider mediation as an alternative dispute resolution mechanism.

Respondents’ Arguments

  • The second respondent acknowledged that there was an element of settlement and expressed willingness to explore mediation.
  • She insisted that any settlement should ensure financial security and a dignified resolution to the dispute.

Supreme Court’s Observations

The Supreme Court took note of the willingness of both parties to settle the matter and stated:

“We are happy to note that the parties have settled their disputes before the Mediation Center and have reduced the terms of agreement by way of a Settlement Agreement.”

The Court also acknowledged the role of the mediator, stating:

“We record our appreciation for the strenuous efforts taken by Ms. Nandini Gore, the learned mediator, and the cooperation extended by the learned counsel on both sides and the parties themselves.”

Final Judgment

  • The Supreme Court disposed of the appeal in terms of the Settlement Agreement dated November 15, 2018.
  • The Settlement Agreement was taken on record and made part of the decree.
  • The Court ruled that there should be no coercive action against any of the parties as long as they complied with their obligations under the Settlement Agreement.
  • The Court directed that the non-bailable warrants issued against the first appellant would be kept in abeyance and would be recalled upon full compliance with the settlement terms.
  • The first appellant handed over a cheque of Rs. 5 Lakhs to the second respondent as part of the settlement, which was duly acknowledged in Court.

Implications of the Judgment

  • Encourages Mediation in Domestic Disputes: This case underscores the judiciary’s emphasis on resolving domestic conflicts through mediation instead of prolonged litigation.
  • Safeguards Against Misuse of Criminal Proceedings: The ruling ensures that criminal proceedings are not misused when parties are willing to amicably settle their disputes.
  • Judicial Recognition of Alternative Dispute Resolution (ADR): The Supreme Court reinforced the role of mediation in resolving sensitive family disputes.

Conclusion

The Supreme Court’s decision in Md. Afsar Hussain Parvez & Others v. The State of Bihar & Another sets a crucial precedent for handling domestic violence cases through mediation. By upholding the settlement and preventing unnecessary criminal proceedings, the judgment highlights the importance of amicable dispute resolution and the role of courts in facilitating just and equitable settlements.


Petitioner Name: Md. Afsar Hussain Parvez & Others.
Respondent Name: The State of Bihar & Another.
Judgment By: Justice Kurian Joseph, Justice Hemant Gupta.
Place Of Incident: Bihar.
Judgment Date: 16-11-2018.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Md. Afsar Hussain Pa vs The State of Bihar & Supreme Court of India Judgment Dated 16-11-2018.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Domestic Violence
See all petitions in Bail and Anticipatory Bail
See all petitions in Judgment by Kurian Joseph
See all petitions in Judgment by Hemant Gupta
See all petitions in settled
See all petitions in Modified
See all petitions in supreme court of India judgments November 2018
See all petitions in 2018 judgments

See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category

Similar Posts