Sachin Vitthal Tupe v. Ashwini Sachin Tupe And ANR

rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2023.11.09 17:19:54 +0530 CRIMINAL APPELLATE JURISDICTION RAJSHREE KISHOR MORE CRIMINAL REVISION APPLICATION NO.508 OF 2022 Sachin Vitthal Tupe ] ..

Applicant vs.

Ashwini Schin Tupe & Anr.

] ..

Respondents Mr.Mayuresh Modgi, for the Applicant.

Mr.Hakim Salim a/w Lokeshappa, for the Respondent No.1. Mr.S.R. Agarkar, APP for the State.

Mr.Sachin Tupe, Applicant present in person.

Mrs.Ashwini Tupe, Respondent No.1 present in person. CORAM :

BHARATI DANGRE, J DATE :

8th November, 2023.

(In Chamber) P.C.

1] The Criminal Revision Application deserve a disposal in the wake of the Consent Terms presented before me today i.e. on 08.11.2023. The Consent Terms are inked by the Applicant and Respondent No.1 alongwith respective counsel.

The Consent Terms are taken on record and marked as X-for identification.

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2] The Applicant and Respondent No.1, both are present in the Chamber, since the matter was directed to be listed in the Chamber so as to explore the possibility of settlement amongst themselves. The Consent Terms record that the Applicant and Respondent No.1 had agreed to settle all the Court cases including the present Revision Application by withdrawing all the allegations made against each other in the distinct proceedings filed by them as also while responding to the said proceedings.

The Applicant/Husband has undertaken to pay permanent alimony (including claim for maintenance till date) quantified at Rs.45 Lacs as set out in the Consent Terms.

It is agreed that a sum of Rs.15 Lac shall be paid to Respondent No.1 on 11.12.2023 and the balance amount of Rs.30 Lac shall be paid in three tranches, as set out in the Consent Terms. The list of cases, which would be withdrawn by the parties is also set out in the Consent Terms and the cases are agreed to be withdrawn within a period of four weeks from the date of first installment i.e. 11.12.2023.

3.

Para 5 of the Consent Terms record as under :- "5.

This consent terms fully and finally determine all the rights, claims, duties and liabilities of both the parties against each other."

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4] It is agreed between the parties that they shall be bound by the Consent Terms and the compliance to be undertaken by the respective parties, is accepted as an undertaking to the Court and any breach thereof shall be treated as disobedience of the order of the Court, since it comes as an undertaking to the court.

Criminal Revision Application stands disposed off in the wake of Consent Terms marked as X-for identification. List on 15.12.2023 for ensuring compliance of the first payment. [BHARATI DANGRE, J] 3/3