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 C DH atA eN : 2D 0R 2E 5.S 0H 5.01 1 Reason:

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 10^th August, 2021 before the appropriate authorities of India at Abu Dhabi.

By an FIR dated 17^th 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 26^th 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 8^th 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, 2021 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 11^th 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