Mukesh Kumar vs The State Of Bihar on 22 April, 2025

Supreme Court – Daily Orders

Mukesh Kumar vs The State Of Bihar on 22 April, 2025

Author: Vikram Nath

Bench: Vikram Nath

                                  IN THE SUPREME COURT OF INDIA
                                 CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NO(S).2124 OF 2025
                                 (Arising out of SLP(C)No.6820 of 2023)


                         MUKESH KUMAR                        …APPELLANT(S)
                                                 VERSUS
                         THE STATE OF BIHAR & ORS.           …RESPONDENT(S)


                                                 ORDER

1. Leave granted. The present appeal arises from the
order dated 17.04.2023 passed by the High Court at
Patna in Criminal Revision No. 539/2018.

2. The facts giving rise to the present appeal are as
follows:

2.1. The marriage between the appellant-husband and
respondent no. 2- wife was solemnized in
accordance with Hindu rites and customs on
03.12.2009 at Bihar. There are no children from the
marriage, and respondent no. 2 has been residing
with her parents since April 2010.

Signature Not Verified

Digitally signed by
SONIA BHASIN

2.2. On 09.08.2010, respondent no. 2 filed Complaint
Date: 2025.05.09
17:57:52 IST
Reason:

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Case

No. 692C/2010 under Sections 498A, 307, 406, 323
and 34 of the Indian Penal Code, 1860 (hereinafter
referred to as “IPC“), and Sections 3 and 4 of the
Dowry Prohibition Act, 1961. The case is pending
before the Court of the S.D.J.M., Lakhisarai, Bihar.

2.3. On 01.02.2012, respondent no. 2 filed Misc. Case
No. 11/2012 under Section 12 of the Protection of
Women from Domestic Violence Act, 2005
(hereinafter referred to as “DV Act“) before the Chief
Judicial Magistrate, Lakhisarai.

2.4. By ex-parte order dated 26.02.2013 in Misc. Case
No. 11/2012, the Trial Court directed the appellant
to pay Rs.15,00,000/- (Rupees Fifteen Lakhs only)
to respondent no. 2 within two months,
Rs.5,00,000/- (Rupees Five Lakhs only) as
compensation, and Rs.25,000/- (Rupees Twenty-

Five Thousand only) per month as maintenance,
payable in the first week of every month.

2.5. Respondent no. 2 also filed a case under Section 125
of the Code of Criminal Procedure, 1973 (hereinafter
referred to as “CrPC“), and by order dated
13.05.2013, the Family Court directed the appellant
to pay Rs.3,000/- (Rupees Three Thousand only) per

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month as maintenance to respondent no. 2.

2.6. Aggrieved by the order dated 26.02.2013, the
appellant preferred Criminal Appeal No. 03/2013.

2.7. The First Appellate Court, vide order dated
28.03.2018, upheld the Trial Court’s order in Misc.
Case No. 11/2012 under Section 12 of the DV Act.

2.8. The appellant filed Criminal Revision No. 539/2018
before the High Court.

2.9. The High Court, by the impugned order, modified the
earlier order to the extent of reducing the monthly
maintenance from Rs.25,000/- (Rupees Twenty-Five
Thousand only) to Rs.22,000/- (Rupees Twenty-Two
Thousand only).

2.10. Aggrieved thereby, the appellant has approached
this Court.

3. We have heard the learned counsel for the parties
and perused the material on record.

4. This Court, vide order dated 04.01.2024, issued
notice limited to the possibility of settlement
between the parties and for invoking this Court’s
jurisdiction under Article 142 of the Constitution of
India. The parties were accordingly referred to the
Supreme Court Mediation Centre.

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5. Pursuant to this Court’s direction, the appellant-

husband has paid a total sum of Rs.43,00,000/-
(Rupees Forty-Three Lakhs only) to respondent no.
2 towards arrears of maintenance.

6. An application being IA No. 41476 of 2025 has been
filed by the appellant for appropriate directions
under Article 142 of the Constitution of India for
dissolution of the marriage on the ground of
irretrievable breakdown.

7. The parties have arrived at an amicable settlement.

The Settlement Agreement dated 29.03.2025 has
been placed on record.

8. As per the Settlement Agreement, the appellant
shall pay respondent no. 2 a total amount of
Rs.36,50,000/- (Rupees Thirty-Six Lakhs and Fifty
Thousand only) in full and final settlement of all her
claims. This includes Rs.1,50,000/- (Rupees One
Lakh and Fifty Thousand only) towards monthly
maintenance of Rs.25,000/- (Rupees Twenty-Five
Thousand only) per month for the period July 2024
to January 2025. No other amount shall remain
payable.

9. We have considered the joint prayer for dissolution
of marriage under Article 142. The parties have lived

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separately since April 2010, i.e., for the past fifteen
years. Considering the long separation, mutual
consent, and other relevant circumstances, we find
it appropriate to grant a decree of divorce.

10. Both parties have agreed to strictly adhere to the
terms of settlement and not to initiate any future
litigation regarding their matrimonial relationship or
the subject matter of this order.

11. Furthermore, the parties have agreed to withdraw
all pending litigation. Accordingly, we direct that all
pending cases between the parties shall stand
quashed and deemed to be finally disposed of in
light of this order. These include but are not limited
to:

(i) Divorce Petition No. 78/24 titled Dr. Mukesh
Kumar vs. Dr. Lucy Kumari, pending before the
Principal Judge, Family Court, Lakhisarai, Bihar.

(ii) Case No. CC 692/2010 pending before SDJM,
Lakhisarai, Bihar, filed by respondent no. 2.

(iii) Complaint Case No. 3/2020 before Mahila
Thana, pending before SDJM Court, Lakhisarai,
Bihar, filed by respondent no. 2.

12. In light of the above, we issue the following

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directions:

(a) The marriage between the appellant and
respondent no. 2 is hereby dissolved by a decree of
divorce by exercising this Court’s powers under
Article 142 of the Constitution of India.

(b) The appellant-husband shall pay a sum of
Rs.36,50,000/- (Rupees Thirty-Six Lakhs and Fifty
Thousand only) to respondent no. 2-wife, in
accordance with Paragraph 5(A) of the Settlement
Agreement dated 29.03.2025. It is noted that
Rs.7,00,000/- (Rupees Seven Lakhs only) has
already been paid, and the remaining balance to be
paid is Rs.29,50,000/- (Rupees Twenty-Nine Lakhs
and Fifty Thousand only).

(c) All pending litigation between the parties as
detailed above shall stand quashed upon full
payment of Rs.36,50,000/- (Rupees Thirty-Six
Lakhs and Fifty Thousand only) to respondent no. 2.

Registry to communicate this order to the respective
Courts for passing formal closure orders upon proof
of deposit of the entire settled amount.

(d) The dissolution of marriage shall become
effective upon the filing of proof of such payment in
the Registry of this Court.

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(e) The Registry is directed to draw the decree only
upon receiving proof of payment of Rs.36,50,000/-
(Rupees Thirty-Six Lakhs and Fifty Thousand only).

13. The appeal stands disposed of in the above terms.

14. Any pending applications shall also stand disposed
of.

……………………………………J.
(VIKRAM NATH)

……………………………………J.
(SANDEEP MEHTA)
NEW DELHI
APRIL 22, 2025

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ITEM NO.20 COURT NO.5 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).
6820/2023
[Arising out of impugned final judgment and order dated
17-04-2023 in CRLR No. 539/2018 passed by the High
Court of Judicature at Patna]

MUKESH KUMAR Appellant(s)

VERSUS

THE STATE OF BIHAR & ANR. Respondent(s)

[SETTLEMENT AGREEMENT RECEIVED]
IA No. 41476/2025 – APPLICATION FOR DIVORCE
IA No. 107744/2023 – EXEMPTION FROM FILING O.T.

Date : 22-04-2025 This matter was called on for
hearing today.

CORAM : HON’BLE MR. JUSTICE VIKRAM NATH
HON’BLE MR. JUSTICE SANDEEP MEHTA

For Appellant(s) : Mr. Nikhilesh Krishnan, Adv.

Mr. Siddharth Singh, Adv.

Mr. Rameshwar Prasad Goyal, AOR

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For Respondent(s) : Mr. Arjun Mahajan, Adv.

Ms. Rashi Khanna, AOR
Mr. Sagar Agarwal, Adv.

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

Leave granted.

The appeal stands disposed of in terms
of the signed order.

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

(SONIA BHASIN) (RANJANA SHAILEY)
ASSISTANT REGISTRAR-CUM-PS ASSISTANT REGISTRAR
[Signed order is placed on the file]

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