Supreme Court - Daily Orders
Durgeshwari Sharma vs Rishabh Mishra on 24 March, 2026
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
INTERLOCUTORY APPLICATION NO.90384 OF 2026
IN
TRANSFER PETITION (CRIMINAL) NO.602 OF 2025
DURGESHWARI SHARMA & ORS. PETITIONER(S)
VERSUS
RISHABH MISHRA & ANR. RESPONDENT(S)
O R D E R
1. We have heard learned counsel for the parties and perused the material available on record.
2. Ms. Durgeshwari Sharma, petitioner No.1 (wife) and Mr. Rishabh Mishra, respondent No.1 (husband) have resolved their disputes amicably and entered into a Settlement Agreement dated 24.02.2026. Pursuant thereto, the parties have also filed a joint application under Article 142 of the Constitution of India. The parties, present through video conferencing, stand duly identified by their respective counsel. They have mutually decided to part ways on the terms and conditions contained in the Settlement Agreement. Appropriate orders are required to be passed in Signature Not Verified Digitally signed by RAJNI MUKHI Date: 2026.04.04 accordance therewith.
13:34:08 ISTReason:
3. We appreciate the efforts undertaken by Ms. Mamta Rani, learned Mediator, Supreme Court Mediation Centre, [1] who has mediated the dispute inter se the parties. We also appreciate the efforts put in by learned counsel for the parties.
4. It is agreed between the parties that, as per paragraph no.14 of the joint application, the cases mentioned therein, as described below, shall stand withdrawn/closed/ quashed:
(i) Petitioner/wife has filed Criminal Appeal No. 183 of 2025 Rishabh Mishra Vs. State and another in case No. 2666 of 2017 Durgeshwari Vs. Rishabh Mishra pending in the Court of Session Judge, Varanasi, under sections 12/ 17/ 18/ 19/20/22/23 of the Protection of Women from Domestic Violence Act 2005.
(ii) Petitioner/wife has filed Case No. 3476 of 2019 State Vs. Rishabh arising out of Case Crime No. 664 of 2017 under sections 498A, 323, 504, 506, 494/34 IPC and ¾ D.P. Act, Police Station Sikarara, District Jaunpur pending in the Court of Additional Chief Judicial Magistrate II, Jaunpur.
(iii) Petitioner/wife has filed Criminal Misc.
Application No. 7656 of 2018 Durgeshwari and others Vs. State of U.P. and another pending before the Hon'ble High Court, Allahabad.
(iv) Respondent/ Husband has filed Writ Petition No. 3336 of 2023 Rishabh Mishra Vs. The State of Madhya Pradesh and others pending before the High Court of Madhya Pradesh Principal Seat at Jabalpur in respect of marriage certificate. (v) Respondent/ Husband has filed Case No. 265 of 2018 State Vs. Durgeshwari arising out of Case Crime No. 734 of 2013 under sections 419, 420, 406, 504, 506 IPC, Police Station Sikarara, District Jaunpur pending in the Court of Civil Judge, Sr.Division/ FTC, Jaunpur.
(vi) Respondent/Husband has filed Criminal Misc. Application (U/s 482) No. 21157 of 2022 pending before the Hon'ble High Court Allahabad.
(vii) Respondent/ Husband has filed Criminal Misc. Application No. 24830 of 2018 Rishabh [2] Mishra and others Versus State of U.P. and another pending before the High Court Allahabad.
(viii) Criminal Revision No.64 of 2025 titled “Durgeshwari Sharma vs. Rishabh Mishra & Ors.” pending before learned District and Sessions Court at Katni, Madhya Pradesh.
5. In view of the above, the following directions are issued:
(i) The marriage solemnized on 14.02.2015 between Ms. Durgeshwari Sharma, petitioner No. 1 (wife) and Mr. Rishabh Mishra, respondent No.1 (husband) is hereby dissolved by a decree of divorce by mutual consent;
(ii) All the legal proceedings mentioned above (paragraph no.4 herein), pending inter se the parties shall stand closed/quashed/ withdrawn;
also, the allegations and counter allegations made by the parties to the lis shall be deemed to have been withdrawn and expunged from the records of the lis inter se the parties;
(iii) Decree be drawn up accordingly;
(iv) It goes without saying that both the parties will continue to abide by the terms of the settlement without any exception;
(v) The Registry is directed to forward a copy of this order to the fora/Courts concerned for passing formal orders closing the cases/placing the same on the record of the file(s);
(vi) The terms of the settlement recorded vide Settlement Agreement dated 24.02.2026 shall remain part and parcel of this order; and
(vii) Parties through their learned counsel present in the Court, have been made aware of the consequences of breach of terms of the Settlement Agreement including initiation of contempt proceedings.
6. We record our appreciation for the reasonable stand taken by the parties, as well as the cooperation extended by their respective counsel. [3]
7. In view of the above facts, present application is allowed and the Transfer Petition stands disposed of.
8. Pending application(s), if any, shall stand disposed of.
.......................J. (SANJAY KAROL) ........................J. (AUGUSTINE GEORGE MASIH) NEW DELHI 24th MARCH, 2026 [4] ITEM NO.29 COURT NO.11 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Crl.) No. 602/2025 DURGESHWARI SHARMA & ORS. PETITIONER(S) VERSUS RISHABH MISHRA & ANR. RESPONDENT(S) (FOR ADMISSION, IA No. 201040/2025 - CONDONATION OF DELAY IN FILING THE SPARE COPIES, IA No. 164162/2025 - EXEMPTION FROM FILING O.T. AND IA No. 164161/2025 - STAY APPLICATION) Date : 24-03-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) :Mr. Sanjay Singh, Adv.
Mr. Somitra Saran, Adv.
Mr. Divyesh Pratap Singh, AOR Mr. Jayveer Yadav, Adv.
Mr. Kavinesh Rm, Adv.
Mr. Jai Inder Sharma, Adv.
For Respondent(s) :Mr. Ashish Kumar Upadhyay, AOR Ms. Maitri Goal, Adv.
Mr. V Kandha Prabhu, Adv.
Mr. Rittik Pandey, Adv.
Mr. Varun Ranjan, Adv.
Mr. Surit Chaubey, Adv.
Ms. Ishtha Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. I.A. No.90384/2026 is allowed and the Transfer Petition stands disposed of.
2. Pending application(s), if any, shall stand disposed of.
(RAJNI MUKHI) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file) [5]