Supreme Court of India· 28 September 2026

Can pending civil and criminal proceedings between parties to a matrimonial dispute be quashed under Article 142(1) once the parties reach a settlement?

SHIKHA v. STATE OF ODISHA & OTHERS

2026 INSC 1060
Coram: Justice B.V. Nagarathna · Justice R. Mahadevan

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Answer

Pending civil and criminal proceedings between parties to a matrimonial dispute can be quashed under Article 142(1) once the parties reach a settlement.

Yes. Pending civil and criminal proceedings between parties to a matrimonial dispute can be quashed under Article 142(1) once the parties reach a settlement, so that a decree of divorce by mutual consent gives quietus to all connected litigation rather than leaving each proceeding to be separately closed before its own forum.

Headnote

Constitution of India, 1950 — Article 142 — Hindu Marriage Act, 1955 — s.13-B — Divorce by mutual consent — Irretrievable breakdown of marriage — Quashing of connected proceedings — Constitution of India, 1950 — Article 142 — Divorce by mutual consent — Irretrievable breakdown — Held: Article 142(1) empowers this Court to decree divorce by mutual consent for irretrievable breakdown, without relegating parties to a joint motion under s.13-B, Hindu Marriage Act, 1955. Existence of the power is a question of law, while its exercise is a mixed question of law and fact. (¶20) Constitution of India, 1950 — Article 142 — Matrimonial settlement — Quashing of connected proceedings — Held further: Where a matrimonial settlement resolves the discord, Article 142(1) extends to quashing all connected civil and criminal proceedings between the parties, so litigation is not left to separate forums. Article 142 application allowed; marriage dissolved and pending proceedings quashed. (¶22, 25)

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In the Court's own words

Paragraph 22In the present case, the parties were married on 04.12.2016 and thereafter, due to irreconcilable differences, they started living separately from 2022 onwards. We also take note of the long list of pending cases both criminal and civil, filed inter se between the parties, including by their family members. Moreover, this Court, in its endeavour to enable the parties to explore the possibility of reconciliation has arrived at an amicable settlement in order to give quietus to the long-standing litigation between the parties, although on earlier occasions, mediation did not fructify.

Paragraph 25Further, all the pending cases enumerated in the table above as well as any other cases being of either civil or criminal nature filed inter se between the parties, stand quashed.

Acts & Sections

Article 142 Constitution of India, 1950s.13-B Hindu Marriage Act, 1955

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Also decided in this judgment

Can a decree of divorce by mutual consent under Article 142(1) be granted without a joint motion under s.13-B, Hindu Marriage Act, 1955?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections