Supreme Court – Daily Orders
Sayukta Kushwaha vs Santosh Singh Bhadauria on 23 April, 2026
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO. 134 OF 2026
SAYUKTA KUSHWAHA Petitioner(s)
VERSUS
SANTOSH SINGH BHADAURIA AND ORS. Respondent(s)
O R D E R
1. The petitioner has filed the petition under Section 447 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 before this Court
seeking transfer of case being Complaint Case No. 1508 of 2016
(Old Case C.C. No. 2091/2016) titled as “Sanyukta Kushwaha vs
Santosh Singh Bhadauria & Ors.” filed under Section 323, 504,
506, 498-A, 406 of the IPC and Section 3 & 4 of Dowry
Prohibition Act, 1961 pending before the Court of ACJ (Sr.
Div.)-5/ACJM, Ghaziabad to the Court of Chief Metropolitan
Magistrate, East Karkardooma Court, Delhi.
2. On 16.02.2026, when the matter was listed, it was informed
by the counsels that the matter has been amicably resolved,
however, they prayed sometime to file a Joint Application under
Article 142 of the Constitution of India for reducing the terms
and conditions of settlement into writing. Now, the parties have
Signature Not Verified
Digitally signed by
arrived at a settlement and they have decided to resolved their
KAPIL TANDON
Date: 2026.04.27
16:53:48 IST
Reason:
disputes/litigation on certain terms and conditions which are
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delineated in the Memorandum of Understanding/settlement deed
dated 25.02.2026 which has been signed by both the parties and
three witnesses.
3. Learned counsel for the parties has also filed a joint
application being IA No. 74545 of 2026 with the following
prayers:
“A) Allow the present application under Article 142
of the Constitution of India and thereby accept the
settlement agreement/ MOU dated 25.02.2026 signed by
the litigating parties and dispose of the present
transfer petition by making the terms of the
settlement as part of the order of this Hon’ble
Court; andB) Pass an order for quashing and/or dispose all
litigations pending between the parties as
stipulated in para 4 of the Settlement Agreement/
MOU dated 25.02.2026 executed between the litigating
parties; by exercising the power under Article 142
of the Constitution of India; andC) Pass such other or further as this Hon’ble Court
deems fit and proper in the circumstances of the
present case.”
4. Further, the relevant paragraphs as set out in
Settlement Agreement dated 25.02.2026 are as under:
“BETWEEN
Ms. Sanyukta Kushwaha,
Daughter of Sh. Rampal Singh Kushwaha,
Resident of BH-254, Bhaurao Devras Colony, Pratap
Vihar, Sector-12, Ghaziabad, Uttar Pradesh-201009,
(hereinafter referred to as “the First Party /
Wife”)AND
Mr. Santosh Singh Bhadauria,
Son of Sh. Suresh Singh Bhadauria,
Resident of A-25, Pocket D-1, Mayur Vihar Phase-
III, Delhi-110096, (hereinafter referred to as “the
Second Party/Husband”) (The First Party and the
Second Party are hereinafter collectively referred2
to as “the Parties”.)
1. WHEREAS, both the Parties were married on
11.07.2008 at Ujjain, Madhya Pradesh, in accordance
with Hindu rites and ceremonies, and out of the
said wedlock, one male child namely Adhyayan was
born on dated 04.10.2011, who is presently residing
with the First Party.
2. WHEREAS, due to temperamental incompatibility
and irreconcilable differences, both the Parties
were unable to continue their matrimonial
relationship, and all attempts at reconciliation
failed. Therefore, both the Parties have mutually
decided to live separately and shall not interfere
in any manner in each other’s lives or in the lives
of each other’s respective family members.
3. WHEREAS, the marriage between the Parties
already stands dissolved by a decree of divorce
dated 30.11.2017, passed by the Court of the Ld.
Principal Judge, Family Court, Ghaziabad, in HMA
No. 1687 of 2016, titled “Sanyukta Kushwaha Versus
Santosh Singh Bhadauria”, and since 2017, neither
Party has challenged the said decree before the Ld.
Appellate Court; accordingly, the same has attained
finality.
4. WHEREAS owing to matrimonial discord, multiple
civil and criminal proceedings came to be
instituted by and against the Parties and their
respective family members before various Courts in
Delhi and Uttar Pradesh, including but not limited
to the proceedings detailed below:
S.No. Case Details and Particulars
I Complaint Case No. 1508 of 2016 (old Case No.
C.C. No. 2091/2016), U/s 323/504/506/498-A/406
IPC & 3/4 D.P. Act, P.S. Vijaynagar, titled
“Sanyukta Kushwaha Vs. Santosh Singh Bhadauria
& Ors.” Pending before the Ld. Court of ACJ
(Sr. Div.)-5, Ghaziabad.
II Maintenance Case No. 994/2019 (Old Case No.
260/2016), U/s 125 CrPC, titled as “Sanyukta
Kushwaha Versus Santosh Singh Bhadauria”,
pending before the Ld. Court of Principal
Judge, Family Court No. 5, Ghaziabad.
III Complaint Case No. 6345/2021, U/s
323/504/506/452 IPC, P.S. Khora, III titled as3
“Meera Kushwaha Versus Kanishka Rajawat &
Ors.”, pending before the Ld. Court of ACJ
(Sr. Div.)-3/ ACJM, Ghaziabad.
IV Warrant or Summons Criminal Case No.
224603/2023 (Old Case No. IV 4571/2023)
arising out of FIR No. 124/2021 P.S. Vijay
Nagar, u/s 506 IPC, titled as “State Versus
Rampal Kushwaha”, pending before the Ld. Court
of ACJ (Sr. Div.)-5, Ghaziabad.
V Warrant or Summons Criminal Case No.
20480/2025 (Old case No. 1216/2023), P.S.
Khoda, u/s 494 IPC, titled as “Santosh Versus
Kanishka”, pending before the Ld. Court of ACJ
(Sr. Div.)-2/ACJM, Ghaziabad.
VI Cr. Case No. 1515/2017 arising out of FIR No.
376/2016, P.S. Kalyanpuri, U/s. 279 IPC,
titled as “State Vs. Ram Pal Singh Kushwaha“,
pending before the Ld. Court of Chief Judicial
Magistrate, East, Karkardooma Court, Delhi.
VII Criminal Revision No. 286/2024, arising out of
Complaint Case No. 71/2021 u/s 200 CrPC,
titled as “Suresh Singh Bhadauria & Anr.
Versus Govt. NCT of Delhi & Ors.”, pending
before the Ld. Court of Additional Session
Judge, East, Karkardooma Court, Delhi.
5. WHEREAS, with the intervention of elders,
relatives, and well-wishers, the Parties have
amicably resolved all their disputes and have
decided to bring a complete quietus to all
litigation arising out of their matrimonial
relationship, with a view to bringing about peace
and harmony in their lives and to ensure a better
future for the Parties and child, so that they, as
well as their respective family members, may live
peacefully in the future.
NOW, THEREFORE, THIS SETTLEMENT WITNESSETH AS
UNDER:
5.1 The Parties declare that all disputes, claims,
grievances, and allegations arising out of their
matrimonial relationship stand fully and finally
settled.
5.2 That the First Party and the Second Party
further declare that the present settlement has
been arrived at between them without payment of any
financial consideration to each other towards
alimony, maintenance, stridhan, compensation,4
damages, or any other claim whatsoever, and all
claims inter se between the Parties stand fully and
finally settled and satisfied. That the First Party
is capable to maintain herself and bear out all her
expenses and livelihood. Therefore, she is not
claiming and shall not, in future, claim any amount
towards alimony, maintenance, stridhan,
compensation, damages, or any other claim
whatsoever from the Second Party.
5.3 That the permanent custody of the minor child,
namely Adhyayan, shall remain with the First Party.
Further the First party and Second party have
mutually agreed that all the expenses relating to
maintenance, education and overall wellbeing of the
minor son namely Adhyayan will be born jointly by
the Parties till the age of attaining majority. And
the minor Son namely Adhyayan will have the
inheritance right on the property of Second Party.
5.4 The Parties have mutually agreed to jointly
file an appropriate petition before the Hon’ble
Supreme Court of India seeking quashing of all
civil and criminal proceedings, FIRs, complaints,
revisions, and consequential proceedings pending
between the Parties and their respective family
members. Since matters are pending in different
States, it is extremely difficult for the First
Party to travel along with the minor child.
5.5 Each Party undertakes to give unconditional and
irrevocable no-objection for the quashing and/or
withdrawal of all cases mentioned herein or any
other connected proceedings arising out of the
matrimonial dispute. It is further agreed that any
miscellaneous application, appeal, revision,
quashing petition, or any other ancillary or
incidental proceeding, whether registered or
unregistered, pending or filed in relation to the
aforesaid cases or any other related proceedings
before any court, tribunal, or forum, shall be
withdrawn by the respective Party at his or her own
cost, after the execution of this Memorandum of
Understanding.
5.6 Both the Parties shall sign all necessary
affidavits, vakalatnamas, and documents; appear
personally or through counsel whenever required;
and extend full cooperation for the disposal and/or
quashing of all proceedings pending before any
judicial forum, tribunal, or other competent
authority at Ghaziabad, Uttar Pradesh and Delhi and
any other State, in accordance with law.
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5.7 That the Parties undertake that they shall not
initiate any civil or criminal proceedings in
future against each other or against each other’s
family members in respect of their past matrimonial
relationship. Both the Parties have mutually
decided to live separately and shall not interfere
in any manner in each other’s lives or in the lives
of each other’s family members.
5.8 That both the Parties agree and undertake not
to post, publish, or circulate any defamatory,
derogatory, or disparaging remarks or material
against each other or their respective family
members on any social media platforms, including
WhatsApp, Facebook, Instagram, etc., or communicate
the same to any third parties or relatives. Any
such act shall be deemed to constitute a breach of
the present Settlement.
5.9 After quashing of proceedings, both Parties
shall be at liberty to remarry as per their own
choice and shall not interfere in each other’s
personal lives in any manner whatsoever.
5.10 That the Parties agree that this Settlement
Deed is final and binding upon the parties and
their respective family members and their
representatives. In the event the First Party
(Wife) or Second Party (Husband), after signing
this Deed, fails to cooperate in the quashing of
the FIRs/Criminal Cases or withdraws her consent
before the Hon’ble Supreme Court/High Court/any
other Court below, it shall be deemed a breach of
trust and a fraud played upon the Court.
5.11 The Parties affirm that this Settlement has
been executed voluntarily, out of free will,
without any coercion, pressure, undue influence, or
misrepresentation, after fully understanding its
contents in vernacular and legal implications.
5.12 This document constitutes the entire
settlement between the Parties and supersedes all
previous understandings, oral or written.
6. IN WITNESS WHEREOF, the Parties have signed this
Memorandum of Understanding/Settlement Deed on the
date and place first mentioned above, in the
presence of the witnesses named below.”
5. We have taken the Joint Application and Settlement
Agreement dated 25.02.2026 on record.
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6. Having considered the matter in detail and having perused
the Settlement Agreement & Joint Application which is also
supported by the affidavits of Ms. Sanyukta Kushwaha
(petitioner) and Mr. Santosh Singh Bhadauria (respondent), we
are of the view that this is a fit case for exercising power
under Article 142 of the Constitution of India and we direct
that;
A. Complaint Case No. 1508 of 2016 (old Case No. C.C. No.
2091/2016), U/s 323/504/506/498-A/406 IPC & 3/4 D.P. Act, P.S.
Vijaynagar, titled “Sanyukta Kushwaha Vs. Santosh Singh
Bhadauria & Ors.” pending before the Ld. Court of ACJ (Sr.
Div.)-5, Ghaziabad stands quashed.
B. Maintenance Case No. 994/2019 (Old Case No. 260/2016), U/s
125 CrPC, titled as “Sanyukta Kushwaha Versus Santosh Singh
Bhadauria”, pending before the Ld. Court of Principal Judge,
Family Court No. 5, Ghaziabad stands quashed.
C. Complaint Case No. 6345/2021, U/s 323/504/506/452 IPC, P.S.
Khora, III titled as “Meera Kushwaha Versus Kanishka Rajawat &
Ors.”, pending before the Ld. Court of ACJ (Sr. Div.)-3/ ACJM,
Ghaziabad stands quashed.
D. Warrant or Summons Criminal Case No. 224603/2023 (Old Case
No. IV 4571/2023) arising out of FIR No. 124/2021 P.S. Vijay
Nagar, u/s 506 IPC, titled as “State Versus Rampal Kushwaha”,
pending before the Ld. Court of ACJ (Sr. Div.)-5, Ghaziabad,
stands quashed.
E. Warrant or Summons Criminal Case No. 20480/2025 (Old case No.
1216/2023), P.S. Khoda, u/s 494 IPC, titled as “Santosh Versus
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Kanishka”, pending before the Ld. Court of ACJ (Sr. Div.)-
2/ACJM, Ghaziabad stands quashed.
F. Cr. Case No. 1515/2017 arising out of FIR No. 376/2016, P.S.
Kalyanpuri, U/s. 279 IPC, titled as “State Vs. Ram Pal Singh
Kushwaha“, pending before the Ld. Court of Chief Judicial
Magistrate, East, Karkardooma Court, Delhi stands quashed.
G. Criminal Revision No. 286/2024, arising out of Complaint Case
No. 71/2021 u/s 200 CrPC, titled as “Suresh Singh Bhadauria &
Anr. Versus Govt. NCT of Delhi & Ors.”, pending before the Ld.
Court of Additional Session Judge, East, Karkardooma Court,
Delhi stands quashed.
7. Copy of this order shall be sent to the respective Courts
as mentioned in paragraph nos. 6(A) to (G) for follow up action.
8. In view of the above, Transfer Petition and Joint
Application being IA No. 74545 of 2026 are disposed of. The
Registry will draw a decree in the aforesaid terms.
9. It is further directed that the parties shall abide by the
terms of this settlement implicitly.
10. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………………………………………………………J.
[ALOK ARADHE]
NEW DELHI;
APRIL 23, 2026
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ITEM NO.9 COURT NO.6 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(s)(Criminal) No(s). 134/2026
SAYUKTA KUSHWAHA Petitioner(s)
VERSUS
SANTOSH SINGH BHADAURIA & ORS. Respondent(s)
IA No. 74545/2026 – APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W
SEC 13B OF H.M.A.
IA No. 45128/2026 – EXEMPTION FROM FILING O.T.
IA No. 45126/2026 – STAY APPLICATION
Date : 23-04-2026 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE ALOK ARADHE
For Petitioner(s) :Ms. Ritu Reniwal, AOR
Mr. Mahendra Kumawat, Adv.
Ms. Trapta Kushawaha, Adv.
Mr. Ankush Sadh, Adv.
Mr. Manish, Adv.
Mr. Satyendra Singh, Adv.
For Respondent(s) :Mr. Anjan Datta, Adv.
Ms. Ishita Srivastava, Adv.
Mr. Rohit Chatterjee, Adv.
Mr. Gulit Chunari, Adv.
Mr. Neeraj Kumar Vats, Adv.
Ms. Prerna Panwar, Adv.
Mr. Robin Khokhar, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition and Joint Application being IA No.
74545 of 2026 are disposed of in terms of the Signed Order.
2. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON)
COURT MASTER (SH) ASSTT. REGISTRAR(NSH)
(Signed Order is placed on the file)
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