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RAJIV KUMAR SINHA v. THE STATE OF BIHAR

Supreme Court of India | Diary 10204/2020

Status

ROP - of Main Case

Decided On

14-05-2025

Bench

HON'BLE MR. JUSTICE SUDHANSHU DHULIA and HON'BLE MR. JUSTICE K. VINOD CHANDRAN

Petitioner

RAJIV KUMAR SINHA

Respondent

THE STATE OF BIHAR

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Full Judgment Text

1 ITEM NO.48 COURT NO.11 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). 4480/2020 [Arising out of impugned final judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court of Judicature at Patna] RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) [ MEDIATION REPORT RECEIVED ] (IA No. 94127/2020 - EXEMPTION FROM FILING O.T., IA No. 114119/2021 - EXEMPTION FROM FILING O.T.,IA No. 114118/2021 - PERMISSION TO FILE ADDL.DOCUMENTS/FACTS/ANNEXURES) Date : 14-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) Mr. Neeraj Shekhar, AOR Mrs. Kshama Sharma, Adv. Mr. Ramendra Vikram Singh, Adv. Mr. Rajesh Kumar Maurya, Adv. Mr. Ujjwal Ashutosh, Adv. Ms. Surbhi Singh, Adv. For Respondent(s) Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Mr. Ashish Gopal Garg, Adv. Mr. M. N. Singh, Adv. Mr. Ankesh Tripathi, Adv. Ms. Rekha Agarwal, Adv. Ms. Shweta Garg, AOR UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties. The petitioner seeks quashing of criminal order dated 22.02.2010 in a case bearing G.R.Case No.399/2002 (arising out of P.S.Case No.30/2002) passed by the learned Sub-Divisional Judicial Magistrate, Patna by which charges have been framed under Sections

2 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioner and others. We see no reason to interfere with the order of the High Court and we are not inclined to grant relief sought by the petitioner, in exercise of our jurisdiction under Article 136 of the Constitution of India. The present petition is, accordingly, dismissed along with pending application(s), if any. (NIRMALA NEGI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

ITEM NO.40 COURT NO.12 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). 4480/2020 [Arising out of impugned final judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court of Judicature at Patna] RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) IA No. 94127/2020 - EXEMPTION FROM FILING O.T. IA No. 114119/2021 - EXEMPTION FROM FILING O.T. IA No. 114118/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES Date : 09-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) : Mr. Neeraj Shekhar, AOR Mrs. Kshama Sharma, Adv. Mr. Ramendra Vikram Singh, Adv. Mr. Rajesh Kumar Maurya, Adv. For Respondent(s) : Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Mr. Ashish Gopal Garg, Adv. Mr. M. N. Singh, Adv. Mr. Ankesh Tripathi, Adv. Ms. Rekha Agarwal, Adv. Ms. Shweta Garg, AOR UPON hearing the counsel the Court made the following O R D E R Re-list the matter on 14.05.2025 in first five cases. (JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

1 ITEM NO.10 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).4480/2020 [Arising out of impugned final judgment and order dated 16-12-2019 in CRLM No.24987/2018 passed by the High Court of Judicature at Patna] RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) IA No. 94127/2020 - EXEMPTION FROM FILING O.T. IA No. 114119/2021 - EXEMPTION FROM FILING O.T. IA No. 114118/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 03-12-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Neeraj Shekhar, AOR Mrs. Kshama Sharma, Adv. Mr. Rajesh Kumar Maurya, Adv. Mr. Ram Bachan Choudhary, Adv. Mr. Anand Krishna, Adv. Mr. Chinmay Kumar, Adv. For Respondent(s) Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Mr. Ashish Gopal Garg, Adv. Mr. Rakesh Garg, Adv. Ms. Shweta Garg, AOR UPON hearing the counsel the Court made the following O R D E R The counsel for the parties submit that the petitioner and the respondent No.2 are living apart for last 20 years. The contest here is on the quantum of permanent alimony. On this, the parties are willing to try mediation.

2 Noting the above submission of the learned counsel for both sides, the parties are referred to the Supreme Court Mediation Centre where they will report before the Coordinator on 6 th January 2025 at 11:00 AM. List the matter after receipt of the report from the Mediation Centre. (DEEPAK JOSHI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

ITEM NO.13 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). 4480/2020 [Arising out of impugned judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court of Judicature at Patna] RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 94127/2020 - EXEMPTION FROM FILING O.T. IA No. 114119/2021 - EXEMPTION FROM FILING O.T. IA No. 114118/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 12-11-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Neeraj Shekhar, AOR Mrs. Kshama Sharma, Adv. Mr. Rajesh Kumar Maurya, Adv. Mr. Anand Krishna, Adv. For Respondent(s) Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Mr. Ashish Gopal Garg, Adv. Mr. Rakesh Garg, Adv. Ms. Rekha Agarwal, Adv. Mr. Ankesh Tripathi, Adv. Ms. Shweta Garg, AOR UPON hearing the counsel the Court made the following O R D E R 1. Heard Mr. Neeraj Shekhar , learned counsel appearing for the petitioner. Ms. Shweta Garg , learned counsel appears for respondent No. 2. 2. The counsel for the petitioner submits that the arrears of 1

maintenance, as per the stand taken by the informant herself in her counter affidavit, has been quantified as Rs.3.45 lakhs and the demand draft No. 006253 dated 11.11.2024 drawn on HDFC Bank for the said sum, is being tendered across the bar to the learned counsel for the respondent No.2. 3. Ms. Shweta Garg, learned counsel for the respondent No. 2 in her turn submits that only half of the payable sum is being offered by the petitioner to the respondent No. 2 as in course of last over 20 years, only Rs.4,400/- towards maintenance has been been tendered by the petitioner to her client. 4. Be that as it may, it is also the submission of the counsel for the parties that the couple have lived apart for last over two decades and resumption of their matrimonial relationship may not be feasible. Therefore, to settle the issue of permanent alimony, the parties can be referred for Mediation. 5. On the above, the learned counsel prays for time to receive instruction on whether the respondent No. 2 is ready to go for mediation for resolution of financial terms. 6. The matter is adjourned accordingly by two weeks as prayed for. (NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR 2

ITEM NO.30 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). 4480/2020 (Arising out of impugned judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court of Judicature at Patna) RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 94127/2020 - EXEMPTION FROM FILING O.T. IA No. 114119/2021 - EXEMPTION FROM FILING O.T. IA No. 114118/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 21-10-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Neeraj Shekhar, AOR Mrs. Kshama Sharma, Adv. Mr. Rajesh Maurya, Adv. For Respondent(s) Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Mr. Ashish Gopal Garg, Adv. Mr. Rakesh Garg, Adv. Ms. Rekha Agarwal, Adv. Mr. Ankesh Tripathi, Adv. Ms. Shweta Garg, AOR UPON hearing the counsel the Court made the following O R D E R When the case is called, a submission was made that the petitioner would like to withdraw the present matter. However, this innocuous prayer is refused as the petitioner is yet to comply with this Court’s earlier order dated 27.09.2024. The petitioner was required by the said order to indicate whether he is in arrears 1

of interim maintenance and how much remains to be paid towards arrears maintenance. The petitioner was also directed to clear the arrears maintenance in the meantime. Mr. Neeraj Shekhar, learned counsel assures that the petitioner will file the necessary affidavit within two weeks in reference to the order passed on 05.08.2004 in Matrimonial Case No.9 of 2002 by the Principal Judge, Family Court, Patna. (NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR 2

ITEM NO.39 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). 4480/2020 (Arising out of impugned judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court of Judicature at Patna) RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 94127/2020 - EXEMPTION FROM FILING O.T. IA No. 114119/2021 - EXEMPTION FROM FILING O.T. IA No. 114118/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 27-09-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Mr. Ashish Gopal Garg, Adv. Mr. Rakesh Garg, Adv. Ms. Rekha Agarwal, Adv. Mr. Ankesh Tripathi, Adv. Ms. Shweta Garg, AOR UPON hearing the counsel the Court made the following O R D E R The petitioner prays for time to file rejoinder affidavit. Needful be done within 3 weeks. In the rejoinder affidavit, the petitioner must indicate whether interim maintenance is in arrears and how much remains to be paid towards arrears maintenance as on today. The petitioner is at liberty to clear the arrears maintenance in the meantime. List on 21.10.2024. (NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

ITEM NO.11 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(s) for Special Leave to Appeal (Crl.) No(s).4480/2020 (Arising out of impugned final judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court Of Judicature At Patna) RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) IA No. 114119/2021 - EXEMPTION FROM FILING O.T. IA No. 94127/2020 - EXEMPTION FROM FILING O.T. IA No. 114118/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 06-02-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Neeraj Shekhar, AOR Mr. Rajesh Kumar Maurya, Adv. Mr. Kartik Kumar, Adv. Mrs. Kshama Sharma, Adv. Mrs. Priya Parmar, Adv. For Respondent(s) Mr. Azmat H. Amanullah, AOR Mr. Tirupati Gaurav Shahi, Adv. UPON hearing the counsel the Court made the following O R D E R The Office Report dated 05.02.2024 indicates that service is incomplete on the respondent No.2 (wife). Mr. Neeraj Shekhar, the learned counsel for the petitioner accordingly submits that steps would be taken to ensure completion of service on the 2 nd respondent. If any affidavit is to be filed, the same should be done within four weeks. (DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.6 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(s) for Special Leave to Appeal (Crl.) No(s). 4480/2020 (Arising out of impugned judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court of Judicature at Patna) RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 114119/2021 - EXEMPTION FROM FILING O.T. IA No. 94127/2020 - EXEMPTION FROM FILING O.T. IA No. 114118/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 09-01-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Neeraj Shekhar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard Mr. Neeraj Shekhar, learned counsel appearing for the petitioner (husband). The counsel submits that the petitioner and the respondent No. 2 (informant) are disinterested to continue their matrimonial relationship and are living apart for last over two decades. The counsel refers to the proceedings dated 20.01.2009 (Annexure P/4) in Matrimonial Case No. 9 of 2002 before the Family Court, Patna in support of such contention. The only issue that remains is the quantum of alimony payable by the petitioner, to the second respondent. 1

Issue notice, returnable in four weeks. Dasti notice is also permitted, in addition. (NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR 2

ITEM NO.29 Court 6 (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). 4480/2020 (Arising out of impugned final judgment and order dated 16-12-2019 in CRLM No. 24987/2018 passed by the High Court Of Judicature At Patna) RAJIV KUMAR SINHA Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (FOR ADMISSION and IA No.94127/2020-EXEMPTION FROM FILING O.T. ) Date : 13-08-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Neeraj Shekhar, AOR Dr. Sumit Kumar, Adv. Mr. Abhishek Pandey, Adv. For Respondent(s) 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 time to file additional documents, list after four weeks. [ASHA SUNDRIYAL] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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