1 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION (CRIMINAL APPEAL NO. 3437 OF 2023) (arising out of SLP (Crl.) No(s). 3717/2021) PRASHANT KUMAR @ KUMAR PRASHANT Appellant(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) O R D E R Leave granted. During the pendency of the instant appeal, the matter was referred to the Supreme Court Mediation Centre to explore the possibility of settlement between the parties. The parties have entered into a settlement by way of a settlement agreement dated 05.07.2023 which has been forwarded to this Court by the Supreme Court Mediation Centre. The same is taken on record and made a part of this Order and the parties shall be bound by the terms as agreed therein. Since, the parties were litigating all these years and have presently arrived at the conclusion that subsistence of the marital relationship would not be justified and the marriage between them has irretrievably broken down, have arrived at the conclusion that the
2 marriage is to be dissolved. In so far as the amount which is agreed under the settlement, the same has been handed over, through the demand drafts, before this Court as full and final settlement. Since, all the other terms, as agreed in the settlement agreement, are stated to have been been complied and there is no demand whatsoever pending against each other, in exercise of power under Article 142 of the Constitution, it is ordered that the marriage between the parties, which was solemnized on 12.05.2018, shall stand dissolved. Decree be drawn accordingly. In view of the said settlement, the proceedings in cases; a. Bearing P.S. Case No. 489 of 2019 pending before the CJM, Saran. b. Domestic Violence Case No. 548 of 2019 pending before the learned Court, Chhapra, Saran, Bihar. c. Complaint Case No. 2502 of 2019 pending before the learned Court of SDJM, Chhapra, Saran, Bihar and d. Complaint Case No. 3798 of 2019 pending before CJM, Patna shall stand quashed.
3 In so far as the below mentioned cases; a. Maintenance Case bearing No. 181 of 2019 pending before the learned Principal Judge, Family Court, Chhapra, Saran, Bihar. b. Matrimonial Divorce Case bearing no. 657 of 2019 pending before the learned Principal Judge, Family Court, Patna, the parties shall furnish a copy of this order and have the matters closed before the court before which they are pending. In terms of the above, the appeal stands disposed of along with the pending application(s), if any. ...................J. (A.S. BOPANNA) ...................J. (PAMIDIGHANTAM SRI NARASIMHA) New Delhi 06 th November, 2023
4 ITEM NO.5 COURT NO.7 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). 3717/2021 (Arising out of impugned final judgment and order dated 12- 03-2021 in CRLM No. 79132/2019 passed by the High Court Of Judicature At Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) IA No. 161556/2021 - EXEMPTION FROM FILING O.T. IA No. 61505/2021 - EXEMPTION FROM FILING O.T.) Date : 06-11-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Manan Kumar Mishra, Sr. Adv. Mr. Durga Dutt, AOR Mr. Anjul Dwivedi, Adv. Mr. Vishwajeet Kumar Mishra, Adv. Mr. Vaibhav Shukla, Adv. Mr. Rajeev Kumar, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Ms. Swati Mishra, Adv. Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Pulimamidi Shashidhar Reddy, Adv. Mr. Chalasani Venkat, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following
5 O R D E R Leave granted. The appeal is disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of. (NISHA KHULBEY) (NIDHI WASON) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (signed order is placed on the file)
ITEM NO.7 COURT NO.6 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.3717/2021 (Arising out of impugned final judgment and order dated 12-03-2021 in CRLM No. 79132/2019 passed by the High Court of Judicature at Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 161556/2021 - EXEMPTION FROM FILING O.T. AND IA No. 61505/2021 - EXEMPTION FROM FILING O.T.) Date : 13-09-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Manan Kr. Mishra, Sr. Adv. Mr. Durga Dutt, AOR Ms. Anjul Dwivedi, Adv. Mr. Krishna Pandey, Adv. Mr. Vaibhav Shukla, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Shobhit Dvivedi, Adv. Ms. Swati Mishra, Adv. Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Pulimamidi Shashidhar Reddy, Adv. Mr. Chalasani Venkat, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R Learned senior counsel for the petitioner as also learned counsel for the respondents are in agreement that the parties have settled the issue. However, certain conditions are required to be complied which would be done in due course. To enable them to complete the formalities and report to this Court, list during 1 st week of November, 2023. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.1 COURT NO.4 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). 3717/2021 (Arising out of impugned final judgment and order dated 12-03-2021 in CRLM No. 79132/2019 passed by the High Court Of Judicature At Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 161556/2021 - EXEMPTION FROM FILING O.T. IA No. 61505/2021 - EXEMPTION FROM FILING O.T.) Date : 23-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Durga Dutt, AOR Ms. Anjul Dwivedi, Adv. Mr. Krishna Pandey, Adv. Mr. Vaibhav Shukla, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Shobhit Dvivedi, Adv. Ms. Swati Mishra, Adv. Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Pulimamidi Shashidhar Reddy, Adv. Mr. Chalasani Venkat, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the petitioner seeking an adjournment, matter is adjourned by two weeks. (PRADEEP KUMAR) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.2 COURT NO.7 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). 3717/2021 (Arising out of impugned final judgment and order dated 12-03-2021 in CRLM No. 79132/2019 passed by the High Court Of Judicature At Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (MEDIATION REPORT/SETTLEMENT AGREEMENT HAS BEEN RECEIVED. IA No. 61505/2021 - EXEMPTION FROM FILING O.T. IA No. 161556/2021 - EXEMPTION FROM FILING O.T.) Date : 17-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Ms. Anjul Dwivedi, Adv. Mr. Durga Dutt, AOR Mr. Vishwajeet Kr. Mishra, Adv. Ms. Neetu Kumari, Adv. Mr. Vaibhav Shukla, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Shobhit Dvivedi, Adv. Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the parties submits that the matter has been settled between the parties and appropriate joint application would be filed. Hence, list the matter after four weeks. (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.49 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 for Special Leave to Appeal (Crl.) No.3717/2021 (Arising out of impugned final judgment and order dated 12-03-2021 in CRLM No. 79132/2019 passed by the High Court of Judicature at Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (MEDIATION REPORT HAS BEEN RECEIVED. IA No. 161556/2021 - EXEMPTION FROM FILING O.T. IA No. 61505/2021 - EXEMPTION FROM FILING O.T.) Date : 21-11-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Manan Kumar Mishra, Sr. Adv. Mr. Durga Dutt, AOR Ms. Anju Dwivedi, Adv. Mr. Vaibhav Shukla, Adv. Mr. Aditya Kumar, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Mr. M.S. Sarvshree, Adv. Mr. Justine George, Adv. Mr. Abhijeet Singh, Adv. Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Hathindra Nanda, Adv. Chandrakantha Reddy M., Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for respondent No.2 submits that an attempt at mediation before the Supreme Court Mediation Centre is likely to resolve the dispute between the parties. 1
SLP (Crl.)No.3717/2021 Learned senior counsel appearing for the petitioner has no objection to the mediation being carried out. In that view, the parties are referred to the Supreme Court Mediation Centre. They shall appear on 07.12.2022 at 2. P.M. before the Co-ordinator. List the matter after report is received from the Mediation Centre. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR 2
ITEM NO.13 COURT NO.1 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. 3717/2021 (Arising out of impugned final judgment and order dated 12-03-2021 in CRLM No. 79132/2019 passed by the High Court of Judicature at Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 61505/2021 - EXEMPTION FROM FILING O.T.) Date : 24-03-2022 These matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Manan Kumar Mishra, Sr. Adv. Mr. Durga Dutt, AOR Ms. Anjul Dwivedi, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Ms. Jaya Bharuka, Adv. Mr. Ravi Bharuka, Adv. Ms. Sarvshree, Adv. Mr. Justine George, Adv. Mr. Manas Syal, Adv. Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R Mr. D. Bharat Kumar, learned counsel appearing on behalf of respondent no.2-wife/complainant submits that they are also willing for settlement in this matter and prays for referring the matter to the Mediation Centre at High Court of ...2/-
- 2 - Patna. In view of his submission, the matter is referred to the Mediation Centre at High Court of Patna. List the matter after receipt of report from the Mediator. Interim protection granted on 29.06.2021 to the petitioner to continue. (RAJNI MUKHI) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)
1 ITEM NO.14 Court 1 (Video Conferencing) SECTION IIA 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.3717/2021 (Arising out of impugned final judgment and order dated 12032021 in CRLM No. 79132/2019 passed by the High Court of Judicature at Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 61505/2021 EXEMPTION FROM FILING O.T.) Date : 17082021 This matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Manan Kumar Mishra, Sr. Adv. Mr. Durga Dutt, AOR Mr. Vishwajeet Mishra, Adv. Ms. Anjul Dwivedi, Adv. Mr. Sai Girdhar, Adv. Mr. Rakesh Kr. Singh, Adv. Mr. Kousik Ghosh, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Mrs. Jaya Bharuka, Adv. Mr. Ravi Bharuka, Adv. Ms. Sarvshree, Adv. Mr. Justine George, Adv. Mr. Manas Syal, Adv. Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. Siddhartha Sinha, Adv. Mr. Hatindra Manda, Adv. Mr. Dasari Muralee Mohan, Adv. Mr. Gopal Jha, AOR
2 UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Heard learned Senior counsel appearing for the petitioner, learned counsel appearing for the State of Bihar and learned counsel appearing for Respondent No.2 – complainant. Learned counsel appearing for Respondent No.2 prays for and is granted four weeks’ time to file counter affidavit in the matter. List the matter after four weeks. (VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRARcumPS COURT MASTER (NSH)
ITEM NO.26 Court 1 (Video Conferencing) 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). 3717/2021 (Arising out of impugned final judgment and order dated 12-03-2021 in CRLM No. 79132/2019 passed by the High Court Of Judicature At Patna) PRASHANT KUMAR @ KUMAR PRASHANT Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (FOR ADMISSION and IA No.61505/2021-EXEMPTION FROM FILING O.T. ) Date : 29-06-2021 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Manan Kumar Mishra, Sr. Adv. Mr. Durga Dutt, AOR Ms. Anjul Dwivedi, Adv. Mr. R.D. Singh, Adv. Mr. Sujit Kumar, Adv. Mr. Kousik Ghosh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is ready to amicably settle the matter with the wife. The said submission is recorded. We deem it appropriate to grant an opportunity to the parties to settle the matter amicably. Issue notice, returnable in six weeks. Dasti, in addition, is permitted. In the meantime, no coercive steps shall be taken against the petitioner. (ASHWANI KUMAR) (R.S. NARAYANAN) AR-cum-PS COURT MASTER (NSH)