Gourav Kumar Singh vs The State Of Bihar on 3 March, 2025

Supreme Court – Daily Orders

Gourav Kumar Singh vs The State Of Bihar on 3 March, 2025

Author: Pankaj Mithal

Bench: Pankaj Mithal

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                                                                    SLP(Crl.) No. 10164/2023


     ITEM NO.39                         COURT NO.15                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 for Special Leave to Appeal (Crl.) No. 10164/2023

     [Arising out of impugned final judgment and order dated 13-07-2023
     in CRLM No. 70292/2022 passed by the High Court of Judicature at
     Patna]

     GOURAV KUMAR SINGH & ORS.                                     PETITIONER(S)

                                                VERSUS

     THE STATE OF BIHAR & ORS.                                     RESPONDENT(S)

     (I.A. NO. 24308/2025- APPLICATION UNDER ARTICLE 142
     IA No. 147043/2024 - DISCHARGE OF ADVOCATE ON RECORD
     IA No. 164200/2023 - EXEMPTION FROM FILING O.T.)

     Date : 03-03-2025 This matter was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE PANKAJ MITHAL
                         HON'BLE MR. JUSTICE S.V.N. BHATTI

     For Petitioner(s)            Mr. Anil Kumar, Adv.
                                  Mr. Gunjesh Ranjan, Adv.
                                  Mr. Keshav Khandelwal, Adv.
                                  Mr. Shantanu Sagar, AOR

                                  Mr. Shyamal Kumar, AOR

     For Respondent(s)            Mr. Manish Kumar, AOR
                                  Mr. Kumar Saurav, Adv.

                                  Mr. Namit Saxena, AOR
                                  Mr. Niraj Dubey, Adv.
                                  Mr. Pradum Kumar, Adv.

                                  Mr. Vikram Pratap Singh, Adv.
                                  Mr. Varun Mishra, AOR
                                  Mr. Emamuddin Azmi, Adv.
Signature Not Verified            Mr. Jai Shankar Jaiswal, Adv.
Digitally signed by
SNEHA DAS
Date: 2025.03.05
17:45:13 IST
Reason:
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                                                                    SLP(Crl.) No. 10164/2023


 UPON hearing the counsel the Court made the following
                    O R D E R

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. 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, 1995

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/-
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SLP(Crl.) No. 10164/2023

(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, 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
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SLP(Crl.) No. 10164/2023

Kumar Singh Vs. Puja Ashutosh Singh”, pending before

the Principal Judge, Family Court, Patna, Bihar.

which shall stands 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.

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

disposed of.

     (SNEHA DAS)                                               (NIDHI MATHUR)
SENIOR PERSONAL ASSISTANT                                    COURT MASTER (NSH)