Supreme Court – Daily Orders
Onkar Nath Singh @ Sonu Singh vs Union Of India on 28 April, 2025
SLP(C) NO.11792 OF 2022
IN THE SUPREME COURT OF INDIA
EXTRA ORDINARY APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO.11792 OF 2022
ONKAR NATH SINGH @ SONU SINGH PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
O R D E R
1. The petitioner herein and the respondent no.5 are husband and
wife. In the wedlock a baby girl was born.
2. It appears that matrimonial disputes arose between the
parties. The Senior Superintendent, Regional Passport Authority
Office, Kolkata issued a show cause notice dated 11.02.2022 calling
upon the petitioner to show cause as to why his passport should not
be impounded. The issue of passport arose because the husband at
the relevant point of time was working in Abu Dhabi. The wife
instituted criminal prosecution in which the husband had to furnish
Signature Not Verified
Digitally signed by
CHANDRESH
Date: 2025.05.01
17:29:46 IST
Reason:
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SLP(C) NO.11792 OF 2022
bail. One of the terms and conditions of the bail bond was that he
would not leave the country. However, he left India for Abu Dhabi.
3. In such circumstances, the wife took up the issue with the
Passport Authority.
4. The notice issued by the Passport Authority to the husband was
made a subject matter of challenge before the High Court by filing
a writ petition under article 226 of the Constitution. The High
Court vide a impugned judgment and order dated 14.03.2022 rejected
the writ, rather disposed of the writ petition. The High Court
while disposing the writ petition observed as under:-
“The petitioner is aggrieved by an order dated 11 th
February, 2022 passed by the Senior Superintendent,
Regional Passport Office, Kolkata asking him to show
cause as to why his passport should not be impounded.
The facts of the case are that the petitioner ‘s
passport was renewed on 10th August, 2021 before the
appropriate authorities of India at Abu Dhabi.
By an FIR dated 17th October, 2019 the proceeding under
Sections 498A and 354 of the Indian Penal Code, 1860
and Sections 3 & 4 of the Dowry Prohibition Act, 1961
has been initiated against the petitioner.
The writ petitioner obtained anticipatory bail from the
Patna High Court in Criminal Miscellaneous case
No.37839 of 2020 on 26th November, 2021.
The petitioner is working at Abu Dhabi where he is
presently located. The petitioner claims that since he
is on bail as confirmed by the order of the Chief
Judicial Magistrate, Ara on 8th December, 2021, the
provisions of Section 6 of the Passport Act should not
be applicable to him.
Reliance is placed on decision of Madhya Pradesh High
Court reported in 2021 SCC Online MP 2326 (Hardik Shah
v. Union of India & Anr.) and 2018 SCC Online MP 1775
(Navin Kumar Sonkar v. Union of India & Ors.).
Counsel for the Regional Passport Office, Union of
India argued that the order of bail dated 8 th December,2
SLP(C) NO.11792 OF 20222021 clearly made applicable on the petitioner the
provision of Section 438(2) of the Code of Criminal
Procedure. Hence this Court is of the view that the
alleged violation of Section 6 of the Passport Act by
the petitioner should be viewed in the light of any
permission that Chief Judicial Magistrate, Ara may
grant the petitioner to exempt him from the rigors of
Section 438(2) of the Code of Criminal Procedure.
Liberty is reserved to the petitioner to approach the
Chief Judicial Magistrate, Ara.
In the facts of the case above, the show cause dated
11th February, 2022 shall not be given effect to for a
period of two months.
With the aforesaid observations the writ petition is
disposed of.”
5. In such circumstances, the petitioner is here before this
Court with this present petition.
6. Today when the matter was taken up for hearing, the learned
counsel appearing for the parties brought to our notice that the
parties have been able to settle the disputes before the Supreme
Court mediation Centre. The settlement agreement has been reduced
into writing, duly signed by the parties, including the mediator
and the lawyers appearing for the parties. The settlement
agreement is ordered to be taken on record.
7. The terms of the settlement reduced into writing are as
under:-
“This Settlement Agreement is entered into between Petitioner
Mr. Onkar Nath Singh @ Sonu Singh, S/o Mr. Ramendra Kumar Singh
R/o EK Ford Road, P.O. Sukchar, P.S. Khardah, North 24 Pargana,
West Bengal, Pin-700175.
AND
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SLP(C) NO.11792 OF 2022
Respondent no. 5 Anjali Kumari, W/o Mr. Onkar Nath Singh @ Sonu
Singh Daughter of Sri Surendra Singh, Presently residing at
Sector 9/c, Street -20, Quarter No. 407, Disirict – Bokaro,
Jharkhand – 827009.
1. Whereas the marriage between the petitioner and respondent wife
was solemnized as per Hindu rites and ceremonies on 05.12.2014
at Ara, District-Bhojpur, Bihar. After marriage parties resided
together at Kolkata and both parties have a daughter namely
Arya Singh out of said wedlock.
2. Both the parties resided together as husband and wife till
February, 2017, and thereafter disputes and differences arose
between the parties and since then she is staying with her
parents at Bokaro, Jharkhand.
3. This matter was referred for mediation by the Hon’ble Court
vide Order dated 03.01.2025.
4. Mediation took place between the parties, both joint and single
sessions, were held with the parties on 24.01.2025, 28.01.2025,
29.01.2025,30.01.2025, 03.03.2025 and today i.e. on 04.03.2025.
Thereafter, the Petitioner Mr. Onkar Nath Singh and Respondent
No. 5 Ms. Anjali Kumari have agreed to continue the married
life as all disputes / differences have been discussed and
resolved between the parties and the parties have voluntarily
arrived at an amicable settlement on the following terms:-
5. That the case Filed/ Pending by wife (Respondent no. 5):
a. Criminal Complaint P.S. Case No. 874 of 2019 filed under
Sections 498A, 354 of IPC and Section 3/4 of Dowry
Prohibition Act pending before the Learned C.J.M. Ara,
Bihar being registered No. 4736 of 2019.
Case filed/ Pending by Husband (Petitioner):
a. Mat. Suit No. 60 of 2018 under Section 9 of H.M. Act, 19554
SLP(C) NO.11792 OF 2022pending before the Principal Judge, Family Court at Ara,
Bhojpur.
That, both parties shall immediately i.e. before 31 st March,
2025 after signing this agreement will file appropriate
applications before the respective/ concerned Courts for
withdrawal of the aforementioned cases and withdraw the matters
with immediate effect.
6. That both parties agreed to register their marriage with
appropriate authorities till 30th April, 2025 in the office of
the Learned Registrar, Marriage Registration, District- Ara
(Bhojpur) as per their mutual agreement. That wife (Respondent
no. 5) has agreed to apply in advance and take a date in
advance and inform the husband (petitioner) for appearance so
that both parties can appear for registration of marriage and
complete the registration of marriage before 30th April, 2025.
Accordingly, the Petitioner has also agreed apply for leave
from his job in Abu Dhabi and travel to Ara to complete the
registration process and obtain the marriage registration
within the given time frame.
7. That both parties willingly have agreed that the maintenance of
Rs.30,000 per month decided by the court shall be paid by the
Petitiioner till the wife (Respondent no. 5) i.e. Mrs. Anjali
Kumari would shifts to Kolkata with their daughter namely Arya
Singh within the neighbourhood of the house of petitioner’s
house. Thereafter, Petitioner would be responsible for house/
accommodation and for all expenses pertaining to his wife and
his daughter namely Arya Singh at Kolkata.
8. That both parties willingly agreed to go for professional
marriage counselling after the wife moves to Kolkata preferably
within first month after she starts living in Kolkata. These
expenses shall be covered by the Petitioner.
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SLP(C) NO.11792 OF 2022
9. That the Petitioner and the Respondent No. 5 shall jointly
search for good schools in the vicinity/ neighbouring area for
their daughter keeping in mind the school calendar year
ensuring a seamless transfer for Miss Arya Singh for the next
academic session from April 2025- March,2026.
10. That both parties shall ensure that after a few months of
living in Kolkata they would try and improve their relations
with their respective in-laws and their extended families and
also ensure their daughter’s relations with the respective
grandparents and extended families improves and remain cordial.
11. That till the month of September, 2026 the Petitioner shall
take his family i.e. wife and his daughter to Abu Dhabi or
wherever at his place of work to live with him. Petitioner
would in meanwhile ensure to search good accommodation for his
family and a good school for his daughter at Abu Dhabi.
12. That as per judgment an order dated 23.12.2024 in Original
Maintenance Case No. 232 of 2021 under Section 125 Cr.P.C.
passed by the Court of Family Judge, Family Court, Bokaro,
Jharkhand; petitioner is paying Rs.30,000/- (Rupees Thirty
Thousand only) per month, he will pay the amount as per the
direction till wife moves to Kolkata after that he would be
taking care of all expenses with respect to both his wife
(Respondent no. 5) and their daughter thereafter.
13. That both parties agree that they would undertake a vacation
together preferably within this year to improve their personal
relations. Both parties also agree to take their daughter for
another vacation as well.
14. That it is agreed and understood by both the Parties to try
their level best to ensure complete cordial relations without
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SLP(C) NO.11792 OF 2022
any form of violence in any form or manner, complete
compliance to this agreement in its entirety. In case of
breach of any terms and conditions of this agreement by the
parties, the parties will be at liberty to start the legal
proceedings at the stage from where they have agreed to
withdraw between both parties.
15. That both parties have agreed that they will not file any case
against each other in connection with this agreement or their
marriage.
By signing this Agreement the parties hereto solemnly state and
affirm that all the disputes and differences have been amicably
settled by the parties hereto through the process of mediation.
The parties undertake to abide by the terms and conditions set
out in the above mentioned Agreement, which have been arrived
without any coercion, duress or collusion and accordingly,
agreed that they will fully abide the terms of this agreement.
The parties have read out the contents of the settlement
agreement in vernacular in the presence of the respective
counsel and relatives and have stated that they have understood
the same and agreed to the same.”
8. Parties are directed to abide by the terms of the settlement.
9. In such circumstances, referred to above, we need not now
adjudicate this petition on merits.
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SLP(C) NO.11792 OF 2022
10. The petition stands disposed of accordingly.
11. Pending application(s), if any, stands disposed of.
……………….J.
[J.B.PARDIWALA]
……………….J.
[R. MAHADEVAN]
New Delhi
28th April, 2025
cd
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SLP(C) NO.11792 OF 2022
ITEM NO.42 COURT NO.13 SECTION XVI
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 (C) No.11792/2022
[Arising out of impugned final judgment and order dated 14-03-2022
in WPA No. 4062/2022 passed by the High Court at Calcutta]
ONKAR NATH SINGH @ SONU SINGH Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
[ MEDIATION REPORT RECEIVED ]
IA No. 108001/2022 – APPROPRIATE ORDERS/DIRECTIONS
IA No. 141034/2022 – EXEMPTION FROM FILING O.T.
IA No. 107132/2022 – EXEMPTION FROM FILING O.T.
IA No. 107129/2022 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 92212/2022 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 92214/2022 – PERMISSION TO PLACE ADDITIONAL FACTS AND
GROUNDS
Date : 28-04-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE R. MAHADEVANFor Petitioner(s) :Mr. Durga Dutt, AOR
Dr. Gajendra Prasad Singh, Adv.
Mr. Jitendra Nath Pathak, Adv.
Mr. Pradeep Yadav, Adv.
Ms. Ravleen Kaur Kalsi, Adv.
For Respondent(s) :Mr. Vikramjit Bannerjee, A.S.G.
Mr. Raj Bahadur Yadav, AOR9
SLP(C) NO.11792 OF 2022Mr. Prashant Rawat, Adv.
Mr. Amit Sharma B, Adv.
Mr. Annirudh Sharma Ii, Adv.
Mr. Ishaan Sharma, Adv.
Mr. Jayesh Gaurav, Adv.
Mr. Ishwar Chandra Roy, Adv.
Mr. Ranjan Nikhil Dharnidhar, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The petition is disposed of in terms of the signed order,
which is placed on the file.
2. Pending application(s), if any, stands disposed of.
(CHANDRESH) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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