Durgeshwari Sharma vs Rishabh Mishra on 24 March, 2026

    0
    34
    ADVERTISEMENT

    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.

    SPONSORED

    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 IST

    Reason:

    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    withdrawn/closed/ quashed: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]



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here