1 ITEM NO.56 COURT NO.13 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9894/2022
(Arising out of impugned final judgment and order dated 28-06-2022 in CRLM No. 55501/2021 passed by the High Court Of Judicature At Patna)
ROHIT SINHA Petitioner(s)
VERSUS
THE STATE OF BIHAR & ANR. Respondent(s)
(Mediation Report received on 19.11.2022 IA No. 132181/2022 - EXEMPTION FROM FILING O.T.)
Date : 14-12-2022
These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE S. RAVINDRA BHAT
For Petitioner(s) Mr. Kshatrshal Raj, Adv. Mr. Kumar Mihir,
AOR For Respondent(s) Mr. Arvind Gupta, AOR Mr. Mohit Bidhuri, Adv. Mr. Arun Kumar Tiwari, Adv. Mr. Nityanand Singh, Adv. Ms. Chanchal Gupta, Adv. Mr. Ashish Singh, Adv. Mr. Manoj Kumar Jha, Adv. Mr. Pradeep Baisoya, Adv.
Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Justine George, Adv. Mr. Abhijeet Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. During the pendency of the instant petition where the petitioner-husband is seeking for anticipatory bail, the matter was referred to mediation and the parties have now entered into a settlement. Through the Application (I.A. No. 182184 of 2022), the 2 settlement dated 15.11.2022 entered into between the parties has been brought on record. The settlement agreement dated 15.11.2022 is made part of this Order.
2. Among the other conditions agreed therein by the parties, one of the conditions was to pay a sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs Only) to respondent no.2 herein. The said amount has now been paid by the petitioner. In that light, the other terms of the settlement now become enforceable and operational.
3. In that view of the matter, we accept the settlement dated 15.11.2022 entered into between the parties. The proceedings:-
a. Information Petition No. 3817 of 2017 dated 15.12.2017 filed in the Court of CJM, Patna filed by the First Party against the Second party.
b. Senior Citizen’s Complaints Case filed by the mother of the petitioner against the Second Party bearing Suit No. 23/2017 before the SDM Patna Sadar.
c. Complaint Case No. 1049(C) of 2018, filed before CJM Patna under Section 156(3) Cr.P.C. by the Second party against the First Party.
d. Divorce Petition under Section 13(1) of the HMA 1955 filed by the First party against the Second party pending disposal before the Principal Judge, Family Court, Patna bearing No. 1324 of 2018.
e. Maintenance Case bearing No. 116 of 2019 filed under Section 125 Cr.P.C. Second Party against the First Party pending before Additional Principle Judge, 3 shall stand quashed/closed.
The Courts concerned shall dispose of the proceedings. As a consequence of the settlement, and having noticed the various litigations between the parties, it is evident that the marriage between the parties is irretrievably broken down. We, therefore, deem it appropriate to exercise our power under Article 142 of the Constitution and dissolve the marriage dated 03.07.2017 between the petitioner and respondent no.2, which we hereby order.
4. We also note that among the proceedings quashed above, one of the proceedings was initiated by the mother of the petitioner and since, she is also a party to the settlement, the terms would bind all the parties.
5. Accordingly, in terms thereof, the petition stands disposed of.
6. Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR?
