Patna High CourtCR. MISC./19451/2022disposed

Santosh Kumar Singh v. The State Of Bihar

2025-08-05Mr. Justice Sandeep Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19451 of 2022 Arising Out of PS. Case No.-180 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Santosh Kumar Singh Son Of Anand Mohan Singh R/O - Patsa Road, Road No.-14, Near Miraksha Clinic, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Kumari Puja D/O- Bhanu Pratap Singh R/O - Mahatma Near J.N.K.T. School, Khagaria, P.S. And District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the O.P. No.2 :

Mr. Sachidanand Chaudhary, Advocate :

Mr. Love Kush Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party no.2.

2. Learned counsel for the petitioner has produced a photocopy of the order of the Hon'ble Supreme Court passed in SLP (C) No.10164 of 2023 dated 03.03.2025, which reads as follows:

1. Heard learned counsel for the parties.

2. The discharge application of the petitioner was dismissed by the Trial Court vide order dated 07.07.2022. Aggrieved by the said order, the petitioner filed an application before the High Court for quashing the said order.

2/4 However, the same was dismissed. Hence, the present petition.

3. During the pendency of the present petition, the matter was referred to the Mediation Centre attached to this Court vide order dated 22.01.2024 for exploring the possibility of an amicable settlement.

4. The mediation is successful and the Settlement Agreement dated 09.04.2024 is on record.

5. In terms of the aforesaid settlement, a joint application bearing I.A. No. 24308 of 2025 seeking dissolution of marriage between the parties by a decree of divorce on the basis of mutual consent in terms of Section 13-B of the Hindu Marriage Act, 1955 has been filed under Article 142 of the Constitution of India.

6. Under the settlement, the parties have agreed to dissolve their marriage by decree of divorce subject to the husband paying a sum of Rs.24,50,000/- (Rupees twenty-four lakhs fifty thousand) which has already been paid. It has also been agreed that all civil and criminal cases pending between the parties shall stand closed namely, Mahila Police Station Case No.180/2018, titled as "Kumari Puja Vs.

Ashutosh Kumar Singh and Anr.", filed under Section 498A /34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, pending before the Sub-Divisional Magistrate, Patna, Bihar; Maintenance Case No.289(M)/2019,

3/4 titled as "Kumari Puja Vs. Ashutosh Kumar Singh", filed under Section 125 of the Code of Criminal Procedure, pending before the Principal Judge, Family Court, Patna, Bihar;

D.V. Case No. 145/2022, titled as "Kumari Puja Vs. Ashutosh Kumar Singh & Anr.", filed under Section 12 of the D.V. Act, pending before the CJM, Patna, Bihar; and Divorce Case No. 1469/2023, titled as "Ashutosh Kumar Singh Vs. Puja Ashutosh Singh", filed under Section 13(1) (I-b) of the Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Patna, Bihar.

7. In view of the aforesaid settlement, we consider it proper to exercise our power under Article 142 of the Constitution of India and direct for drawing a decree of divorce by mutual consent in the Divorce Case No.

1469/2023, titled as "Ashutosh Kumar Singh Vs. Puja Ashutosh Singh", pending before the Principal Judge, Family Court, Patna, Bihar, which shall stand closed accordingly.

8. Similarly, all the other three cases referred to above shall also stand closed.

9. The application being I.A. No.

24308 of 2025 is allowed in the above terms and the special leave petition stands disposed of accordingly.

10. The Registry shall inform the respective Courts about this order in which proceedings are pending in the aforesaid cases stand closed.

4/4

11. Pending application(s), if any, shall stand disposed of.

3. In view of the settlement between the parties, the proceedings of Mahila P.S. Case No.180 of 2018 have been closed, nothing remains in this petition. This application is disposed of in view of the closure of Mahila P.S. Case No. 180 of 2018.

4. A copy of the order dated 03.03.2025 passed by the Hon'ble Supreme Court in SLP (C) No.10164 of 2023, which has been produced by the learned counsel for the petitioner, has been taken on record.

(Sandeep Kumar, J) anand/- U T