Supreme Court – Daily Orders
Kundan Kumar @ Kundan Kumar Singh vs The State Of Bihar on 15 April, 2026
IN THE SUPREME COURT OF INDIA
EXTRA ORDINARY APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO.8794 OF 2025
KUNDAN KUMAR @ KUNDAN KUMAR SINGH PETITIONER(S)
VERSUS
THE STATE OF BIHAR & ANR. RESPONDENT(S)
O R D E R
1. The petitioner has been denied anticipatory bail by
the High Court in connection with Complaint Case No. 442 of
2020 pending in the Court of the Chief Judicial Magistrate,
Aurangabad, State of Bihar.
2. We take notice of the fact that the wife of the
present petitioner lodged a private complaint in the Court
referred to above for the offence punishable under Sections
498-A and 120B read with 34, respectively of the Indian
Penal Code, 1860 (for short, “the IPC”).
3. It appears that the magistrate took cognizance upon
the said complaint and issued process.
Signature Not Verified
Digitally signed by
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CHANDRESH
Date: 2026.04.21
17:21:29 IST
Reason:
4. In such circumstances, referred to above, the
petitioner went before the High Court and prayed for
anticipatory bail.
5. We fail to understand that what was the good reason
for the petitioner to pray for anticipatory bail in a
matter arising from a private complaint wherein the Court
has issued summons.
6. Unfortunately, the aforesaid aspect was not taken
into consideration even by the High Court. The High Court
got into the exercise of trying to bring around some
settlement between the parties.
7. 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 reach to an
amicable settlement.
8. The settlement has been reduced into writing duly
signed by the parties, their respective counsel and as the
settlement was arrived at before the Supreme Court
Mediation Centre, the learned Mediator has also signed the
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settlement. The terms of the Settlement Agreement reads
thus:-
“This Settlement Agreement is entered into between
Petitioner- Mr. Kundan Kumar@ Kundan Kumar Singh S/o
Late Bijendra Singh @ Vijendra Singh, R/o. Village
Maniyari Dih, P.S. Nabinagar, District Aurangabad,
Bihar (here in after referred to as
Petitioner/Husband) and Ms. Vikky Kumari D/o
Mahendra Prasad Singh R/o Village Chandanpura, P.S. &
P.O. Tilauthu District Rohtas Bihar, Pin Code 821312
(here in after referred to as Respondent-2/ wife).
1. Whereas the marriage between the petitioner and
respondent no.2/ wife was solemnized as per
Hindu rites and ceremonies on 08 June 2019 at
District Aurangabad, Bihar. After marriage
parties resided together at District
Aurangabad, Bihar and there is no issue out of
this wedlock.
2. Both the parties resided together as husband
and wife till only for one week, and thereafter
disputes and differences arose between the
parties and since then she is staying with her
parents at Tilauthu District Rohtas Bihar, Pin
Code 821312.
3. Whereas the Parties have filed following cases
against each other:-
(i) Respondent No.2/wife has filed Maintenance
Case No. 78 of 2024 pending before the Ld.3
Family Court, Aurangabad, Bihar, Under
Section 125 Cr.P.C.
(ii) Respondent No.2/wife has filed Criminal
Case No. 442 of 2020 Under Section 498 of
the Indian Penal Code, filed before Ld.
CJM, Aurangabad Bihar.
(iii) Petitioner/Husband has filed Matrimonial
Case No. 35/2023 pending before Principle
Judge, Family Court, Aurangabad, Bihar.
(iv) Petitioner/Husband has filed Criminal Case
Complaint No. 837 of 2023 pending before
CJM Division, Aurangabad, Bihar.
4. Whereas Hon’ble Supreme Court vide Order dated
05.08.2025 in Special Leave Petition (Crl) No.
8794 of 2025 has referred the matter to Supreme
Court Mediation Centre. Comprehensive
mediation sessions were held between the
parties and their respective advocates on
09.09.2025, 12.09.2025, 27.09.2025, 06.10.2025,
07.10.2025, 27.10.2025, 28.10.2025, 04.11.2025,
08.11.2025, 12.11.2025, 10.12.2025 (physical
and virtual both ) and today i.e. 28.01.2026
(physically for signing of the present
Settlement Agreement).
5. Both the parties hereto have arrived at an
amicable settlement on the following terms and
conditions for dissolution of marriage by
mutual consent:-
A. That the parties have agreed that the
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Petitioner/Husband will pay to the Respondent
No.2/wife a total sum of Rs. 2,50,000/- (Rupees
Two Lakhs Only) towards full and final
settlement of all her claims towards her
permanent alimony, Stridhan, maintenance (past,
present, future) and any other claim
whatsoever.
B. It is agreed between the parties that they will
move an application jointly before the Hon’ble
Supreme Court under Article 142 of Constitution
of India for invoking inherent powers of the
Hon’ble Supreme Court praying for divorce by
mutual consent as parties are staying
separately since for one week only i.e. for the
last more than six years and there is
irretrievable break down of the marriage.
C. It is further agreed between the parties that
if Hon’ble Supreme Court is pleased to allow
application filed by both the parties under
Article 142 of Constitution of India then both
the parties shall withdraw all the cases filed
by them against each other. The
Petitioner/husband will pay to the Respondent
No.2/ Wife a total sum of Rs. Rs. 3,00,000/-
(Rupees Three Lakhs Only) via Demand Draft in
the name of Respondent No.2/wife.
AND /OR
The Petitioner/husband will pay amount of Rs.
2,50,000/- (Rupees Two Lakhs Only) in 25
installments is as under:-
I. The Petitioner /husband shall pay first
installment an amount of Rs. 1,00,000/-
(Rupees One Lakhs only) in favour of the
Respondent No.2/ wife by way of demand
draft at the time of signing of the
present settlement agreement.
II. The Petitioner/husband shall pay Second
installment an amount of Rs. 1,50,000/-
(Rupees One Lakhs and Fifty Thousand only)
by way of the Demand Draft in favour of
the Respondent No.2/wife in the Court at
the time of mutual consent divorce.
III. That the Petitioner/Husband shall pay in
the Court to the Respondent No.2/ wife, an
amount of Rs. 50,000/- towards, stridhan
items which is at the Petitioners custody
that including 1 Cooler, 1 fridge, 1
Sewing Machine, 1 Box including some
clothing items and utensils kept inside
the box by the Respondent No.2/ wife.
IV. That the Petitioner/Husband is paying an
amount of Rs. 3,000/- towards travelling
expenses to the Respondent No.2/wife at
the time of signing of the present
settlement agreement.
6. That the Petitioner and the Respondent have
agreed that none of them will initiate any
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other legal action or complaint against each
other or against the family members of each
other in respect of their matrimonial dispute
in future.
7. That subject to the aforesaid terms, the
parties have resolved all the disputes amicably
in relation to the marriage and have been left
with no claims against each other or their
respective family members.
8. That by signing this Agreement the parties
hereto solemnly state and affirm that they have
no further claims or demands against each other
including maintenance, or any movable or
immovable property and all the disputes and
differences have been amicably settled by
the parties hereto through the process of
mediation.
9. The parties undertake to abide by the terms and
conditions set out in the above mentioned
Settlement Agreement, which have been arrived
with free will of the parties without any
coercion, duress or collusion and parties
undertake not to raise any dispute whatsoever
henceforth.
10. The contents of this settlement – agreement
have been explained to all the parties through
their respective counsels and to the Respondent
No.2 by her uncle in vernacular and have
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understood the same.
11. Enclosed Adhar Card of all the parties.
[ KUNDAN KUMAR @ KUNDAN KUMAR SINGH] VIKKY KUMARI]
Petitioner/Husband Respondent No.2/wife
[SUKUMAR] [RAJEEV RANJAN]
Petitioner Uncle of the Respondent No.2/wife
[RANJIT KUMAR SINGH]
Brother of the Respondent
No.2/wife
[FARHAT WARSI ]
Co-Mediator
[ RASHMI MALHOTRA ]
Advocate / Mediator
Supreme Court Mediation
Centre
Date: 28.01.2026”
9. We take notice of the fact that in accordance with
the terms of the Settlement Agreement the husband has paid
in all Rs.3,00,000/- (Rs.Three lakh only) to his wife
towards full and final settlement. This takes care of
permanent alimony, etc.
10. We also have one application filed by the parties
jointly under Article 142 of the Constitution praying that
in the wake of the settlement arrived at between them, the
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marriage between the parties be dissolved.
11. In the facts and circumstances of this case, I.A. No.
112724/2026 stands allowed and we dissolve the marriage
between the parties in exercise of our jurisdiction under
Article 142 of the Constitution of India.
12. All proceedings, civil and criminal, including the
criminal complaint, referred to above, stand terminated.
13. Parties are directed to abide by all the terms and
conditions of the Settlement Agreement.
14. Registry to draw a decree accordingly.
15. Ordinarily, we would not have accepted the
application preferred by the parties invoking Article 142
of the Constitution for the purpose of dissolution of the
marriage, as the petition before us is not a Transfer
Petition but a petition praying for anticipatory bail.
16. However, considering the fact that it is a
matrimonial dispute and the parties have resolved to settle
the same, we have accepted the settlement and passed the
appropriate order.
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17. With the aforesaid, the Special Leave Petition stands
disposed of.
18. Pending application(s), if any, stands disposed of.
……………….J.
[J.B.PARDIWALA]
……………….J.
[UJJAL BHUYAN]
New Delhi
15th April, 2026
cd
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ITEM NO.1 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 FOR SPECIAL LEAVE TO APPEAL (CRL.) NO.8794 OF 2025
KUNDAN KUMAR @ KUNDAN KUMAR SINGH PETITIONER(S)
VERSUS
THE STATE OF BIHAR & ANR. RESPONDENT(S)
[MEDIATION REPORT RECEIVED]
IA No. 138980/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
Date : 15-04-2026 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE UJJAL BHUYANFor Petitioner(s) :Mr. Sukumar, Adv.
Mr. Deepak Goel, AOR
Ms. Alka Goyal, Adv.
For Respondent(s) :Mr. Anshul Narayan, Addl. Standing Counsel,
Adv.
Mr. Anshuman Harsh, Adv.
Mr. Prem Prakash, AOR
Ms. Pragati Neekhra, AOR
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UPON hearing the counsel the Court made the following
O R D E R
1. I.A. No. 112724/2026 is allowed. The Special Leave
Petition is disposed of in terms of the signed order.
2. Pending application(s), if any, stands disposed of.
(CHANDRESH) (POOJA SHARMA) ASST.REG-CUM-P.S. COURT MASTER (NSH)
(Signed order is placed on the file)
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