Supreme Court - Daily Orders
Nikhil Kumar vs State Of Up on 22 September, 2025
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO.240233 OF 2025
IN/AND
CRIMINAL APPEAL NO. 4303 OF 2025
(@ S.L.P.(CRL.) No.13541 of 2025)
NIKHIL KUMAR APPELLANT(S)
VERSUS
STATE OF U.P. & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Appellant challenges the judgment and order dated 13.05.2025 passed by the High Court of judicature at Allahabad in Crl. Rev. No 1882 of 2025 titled “Nikhil Kumar vs. State of U.P. & Anr.“
3. On 19.09.2025, this Court had passed the following order:
“1. Shri Nikhil Petitioner-husband and Ms. Aayushi- respondent No.2, identified by their respective counsel, are present in Court today.
2. We are happy to record with appreciation the efforts put in by respective counsel for the parties in making the parties understand the advantages and benefits of having all their disputes amicably resolved. Fortunately, the parties are ad adem in having all their disputes arising out of matrimonial relationship resolved amicably. The terms of settlement are as under:
I) Respondent no.2-wife agrees for dissolution of marriage by way of mutual consent;
II) Petitioner-husband undertakes to pay a sum of Rs.26,00,000/- (Rupees Twenty Six Lakhs only) to Signature Not Verified respondent no.2-wife towards settlement of all claims Digitally signed by RAJNI MUKHI Date: 2025.09.27 be if of whatever nature (alimony, maintenance, 14:19:15 IST Reason: Stridhan, etc.) as full and final settlement;
III) Parties agree that all legal proceedings pending inter se the parties be quashed by this Court. 1 IV) The passports of the petitioner and his family members directed to be released in their favour.
3. Let the parties file a joint application under Article 142 of the Constitution of India by tomorrow.
4. List on 22.09.2025.”
4. We place on record with satisfaction, the efforts put in by Mr. Prabhjit Jauhar,learned counsel for the petitioner- husband and Mr.Anil Kumar, learned counsel for respondent No.2- wife in conducting the proceedings in the manner in which it ought to have been prudently done.
5. A joint application being I.A. No. 240233 of 2025 seeking appropriate directions under Article 142 of the Constitution of India for dissolving their marriage by way of mutual consent as per the terms of the settlement arrived at between the parties has been filed.
6. In compliance of order dated 19th September, 2025, the petitioner-husband has paid a sum of Rs.26,00,000 (Twenty Six Lacs only) vide Demand Draft No.984495 drawn on Indian Overseas Bank in favour of respondent No.2-wife.
7. It is further agreed between the parties that as per paragraph no.6 of the Joint Application, the following cases shall be quashed/closed:
Case Name and CNR Case No. VS Pending Number. Before Domestic Violence Warrant or summons Aayushi vs Civil
- Criminal Nikhil Kumar Judge UPSL010046462024 Case/204/2024 and other Sr.Div, Sambhal at Chandausi 379BNSS Criminial Misc. Aayushi vs Principal 2 UPSL020016842024 Cases/1039/2024 Nikhil Kumar Judge and others Family Court Chandausi .
Maintenance Criminial Misc. Aayushi vs Principal
Execution Cases/272/2025 Nikhil Kumar Judge
Petition/Recovery Family
144(3) BNSS Court
UPSL020004452025 Chandausi
.
Quashing of 498A A482/31534/2023 Nikhil kumar Allahabad
and another High
UPHC011874422023 vs state of Court UP
U.P. and 2
others
379BNSS Criminial Misc. Nikhil Kumar Civil
Cases/55/2025 vs Aayushi Judge
Sr.Div,
Sambhal
at
Chandausi
Release of Criminial Misc. Nikhil Kumar District
Passport Cases/204/2024 vs State of and
408CRPC – UP Sessions
UPSL010046462024 Judge
Sambhal
at
Chandausi
.
Interim NIKHIL KUMAR VS Allahabad
Maintenance State of UP AND High
Appeal ANOTHER Court UP
A482/2080/2024
(UPHC050464522024
)
Final Maintenance Allahabad
Appeal NIKHIL KUMAR VS High
CRLR/1882/2025 STATE OF U.P. AND Court UP
(UPHC051861092025 ANOTHER
)
8. In addition to this, FIR No.0026 of 2023 filed on
11.03.2023 against Nikhil Kumar(husband) and Aashi Kumar(sister in law) and subsequently the criminal case being No. 5820 of 2025 pending before 2-Judicial Magistrate, Sambhal at Chandausi 3 shall also stand closed/quashed.
9. In view of the above, the following directions are issued:
i) The judgment and order dated 13.05.2025 passed by the High Court of judicature at Allahabad in Crl. Rev. No 1882 of 2025 titled “Nikhil Kumar vs. State of U.P. & Anr.“ is set aside;
ii) The marriage solemnized on 07.07.2021 between Nikhil Kumar-appellant and Aayushi-respondent No.2, having broken down irretrievably is hereby dissolved by a decree of divorce by mutual consent;
iii) All the legal proceedings mentioned above, pending inter se the parties shall stand closed/quashed; 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.
iv) Decree be drawn up accordingly;
v) It goes without saying that both the parties will continue to abide by the terms of the settlement without any exception;
vi) 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); and,
vii) The terms of the settlement shall remain part and parcel of this order.
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10. The passports of the petitioner-husband and his sister, namely, Aashi, who though is not a party in these proceedings, is directed to be released from the Mahila Thana, Behjoi, District-Sambhal.
11. In view of the above facts, I.A. No. 240233 of 2025 is allowed and the appeal stands disposed of.
12. Pending application(s), if any, shall stand disposed of.
......................J. (SANJAY KAROL) ......................J. (VIPUL M. PANCHOLI) NEW DELHI;
22ND SEPTEMBER 2025
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ITEM NO.64 COURT NO.12 SECTION II
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). 13541/2025
[Arising out of impugned final judgment and order dated 13-05-2025 in CRR No. 1882/2025 passed by the High Court of Judicature at Allahabad] NIKHIL KUMAR Petitioner(s) VERSUS STATE OF UP & ANR. Respondent(s) (FOR ADMISSION, IA No. 218555/2025 - EXEMPTION FROM FILING O.T.AND IA No. 218554/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 22-09-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE VIPUL M. PANCHOLI For Petitioner(s) :Mr. Prabhjit Jauhar, Adv Mr. S. S. Jauhar, AOR Mr. Anoopama Kaul, Adv.
Mr. Chahat Raghav, Adv.
For Respondent(s) :Mr. Anil Kumar, AOR Ms. Priya Bhola, Adv.
Mr. Akshay Kumar Arya, Adv.
Mr. Akshay Kumar, Adv.
Mr. Palvinder Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. I.A. No. 240233 of 2025 is allowed and appeal stands disposed of in terms of signed order.
3. 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) 6