Supreme Court – Daily Orders
Akriti Johri vs Durgesh Nandni on 18 March, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
INTERLOCUTORY APPLICATION No. 72923 of 2026
in/and
TRANSFER PETITION (CRIMINAL) No. 773 of 2025
AKRITI JOHRI ..... Petitioner
versus
DURGESH NANDINI ..... Respondent
O R D E R
1. This petition was filed seeking transfer of C.C. NO. 548 of
2024 filed by the respondent, Durgesh Nandini, the mother-in-law of
the petitioner, Akriti Johri, from the Court of the learned Chief
Judicial Magistrate-II, Ghaziabad, to the Court of the learned
Principal Judge, Family Courts, Karkardooma Courts, Delhi. The said
case was filed by the mother-in-law against her daughter-in-law
under Sections 12, 18, 20, 22 and 23 of the Protection of Women
from Domestic Violence Act, 2005.
2. During the pendency of this transfer petition, the parties
were referred to the Supreme Court Mediation Centre to explore the
possibility of settling their differences amicably. Pursuant to the
efforts made by the learned Mediator nominated by the Co-ordinator
of the Supreme Court Mediation Centre, the parties succeeded in
resolving their differences and executed Settlement Agreement dated
23.02.2026, embodying the terms and conditions of their compromise.
Signature Not Verified
Digitally signed by
babita pandey
Date: 2026.03.20
3.
18:30:40 IST
Reason: Pursuant to the aforestated settlement, IA No. 72923 of 2026
was filed by the parties seeking appropriate directions from this
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Court in exercise of jurisdiction under Article 142 of the
Constitution of India.
4. Perusal of the Settlement Agreement dated 23.02.2026 reflects
that the same was executed not only by the petitioner and the
respondent but also the husband of the petitioner, the father-in-
law of the petitioner and the learned counsel for the parties. The
joint application in IA No. 72923 of 2026 reflects that Akriti
Johri, the petitioner, and Shivesh Kumar Srivastava, the son of the
respondent, got married on 14.05.2011 and had a daughter, Aarna
Srivastava, who was born on 14.01.2013. They have been living
separately since 25.10.2022. In view of their differences, several
cases came to be filed by and between the parties against each
other. In terms of the settlement arrived at now, the husband and
wife have decided to dissolve their marriage and withdraw all the
cases filed by them and their relations against each other.
5. Further, in full and final settlement of the past, present and
future claims of the petitioner, her husband, Shivesh Kumar
Srivastava, paid a consolidated lumpsum of ₹15 lakh, by way of 3
demand drafts bearing Nos. 524256, 524257 and 524258, all dated
04.02.2026, drawn on ICICI Bank, Indirapuram Branch, Ghaziabad, for
₹5 lakh each payable to the petitioner.
6. Though the Settlement Agreement dated 23.02.2026 records to
the effect that this payment would be in full and final settlement
of all past, present and future claims not only of the petitioner,
for herself, but also for the daughter, Aarna Srivastava, we are
not inclined to accept this part of the settlement. The rights and
interest of the daughter by birth in the ancestral property of her
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father, if any, and for maintenance cannot be scuttled by any such
settlement arrived at by and between the couple.
7. As Shivesh Kumar Srivastava and the petitioner, Aakriti Johri,
were physically present in Court, they were informed of the Court’s
disinclination to accept this part of the settlement and they were
both agreeable to this Court clarifying that the settlement would
have no effect whatsoever on the right, interest and entitlement of
the daughter, Aarna Srivastava. We, accordingly, hold so and
proceed to pass the following order:
Given the fact that the parties have been living separately
since 25.10.2022 and there is no possibility of any reconciliation
at this stage, we deem it appropriate to exercise our extraordinary
jurisdiction under Article 142 of the Constitution and dissolve the
marriage between Aakriti Johri and Shivesh Kumar Srivastava by way
of a decree of divorce by mutual consent. On such dissolution of
their marital tie, no purpose is served by prolonging the cases
filed by the couple and their families against each other. In
consequence,
1. Court Case No. 1448 of 2023 on the file of the learned
Judicial Magistrate First Class, Mahila Court (E),
Karkardooma, filed by Akriti Johri along with applications
filed therein;
2. Maintenance Case No. 708 of 2023 filed by Akriti Johri under
Section 125 Cr.P.C. before the learned Principal Judge,
Family Court (East), Karkardooma Court, Delhi;
3. The divorce petition in HMA No. 2239 of 2023 filed by
Akriti Johri before the learned Principal Judge, Family
Court (East), Karkardooma, Delhi;
4. HMA No. 1441 of 2024 under Section 9 of the Hindu Marriage
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Act, 1955, filed by Shivesh Kumar Srivastava before the
learned Principal Judge, Family Court (East) , Karkardooma
Court, Delhi;
5. Application No. 3912 of 2024 filed under Section 5 of the
Welfare and Maintenance of Parents and Senior Citizens Act
filed by Durgesh Nandini before the learned Sub Divisional
Magistrate, Ghaziabad;
6. Criminal Miscellaneous Case No. 4294 of 2024 filed by
Durgesh Nandini under the Domestic Violence Act before the
learned Judicial Magistrate, Ghaziabad;
7. Complaint No. 483 of 2023 filed by Akriti Johri under
Section 498A IPC and other provisions before the Crime
against Women Cell, East District, DCP Office, Mandawali,
Fazalpur, Delhi;
8. Application under Section 340 Cr.P.C. filed by Akriti Johri
before the learned Judicial Magistrate, Ghaziabad; and
9. Application under Section 340 Cr.P.C. filed by Akriti Johri
before the learned Judicial Magistrate First Class (East)
Karkardooma, Delhi;
shall all stand dismissed/quashed/closed/ disposed of.
8. The Parties shall be bound by the terms and conditions of the
Settlement Agreement dated 23.02.2026. In the event of a breach of
such terms and conditions by any party, the party aggrieved would
be at liberty to seek specific performance of the Settlement
Agreement dated 23.02.2026 before the jurisdictional civil court in
accordance with law. The parties shall endeavour to protect the
interests of the daughter, Aarna Srivastava, to the extent possible
and contribute to her upbringing and her well-being without any
rancour or ill-will.
Registry shall draw up a decree accordingly.
I.A. No. 72923 of 2026 is allowed.
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The transfer petition is disposed of in the aforestated terms.
Pending applications, if any, shall stand disposed of.
……………………… J
(Sanjay Kumar)
……………………….. J
(K. Vinod Chandran)
New Delhi;
March 18, 2026
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ITEM NO.15 COURT NO.12 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition (Criminal) No. 773/2025
AKRITI JOHRI Petitioner(s)
VERSUS
DURGESH NANDNI Respondent(s)
(IA No. 225873/2025 – EX-PARTE STAY, IA No. 303874/2025 – EXEMPTION
FROM FILING O.T. and IA No. 72923/2026 – PASSING APPROPRIATE ORDER
OR DECREE UNDER ARTICLE 142 OF THE CONSTITUTION)
Date : 18-03-2026 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJAY KUMAR
HON’BLE MR. JUSTICE K. VINOD CHANDRANFor Petitioner(s) Mr. Rajesh Vasisht, Adv.
Mr. Piyush Kumar, Adv.
Mr. Ashiesh Kumar, AOR
For Respondent(s) Mr. K. K.srivastava, Adv.
Mr. Abhishek Sharma, Adv.
Mr. S. K. Verma, AOR
UPON hearing the counsel, the Court made the following
O R D E RI.A. No. 72923 of 2026 is allowed
The transfer petition is disposed of in terms of the signed
order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (PREETI SAXENA)
AR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)
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