Parvez Ali And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION NO.3Z?^OF202 CRIMINAL WRIT PETITION ]... Petitioners Parvez Ali & Ors.
Versus
]... Respondent No. 1
1. State of Maharashtra ]... Respondent No.2
2. Shufina Parvez Ali & Anr.
THE PETITIONER NO.l TERMS BETWEEN CONSENT (HUSBAND) AND RESPONDENT NO.2 (WIFE) IN THE ABOVE MATTER:
1. The Petitioner No.l and the Respondent No.2 are related to each other as husband and wife. The Petitioner No.l is the husband. whereas the Respondent No.2 is the wife. Both the parties are Muslims and are having three children out of their wedlock, namely Alveera Shaikh (16 years at present), Aleeza Shaikh (15 years at present), Alishba Shaikh (10 years at present). All the children are minors and are in custody of Respondent No.2 (wife) who is at present residing with her parents along with her children at the
-r residence of her parents at Dongri, Mumbai since last more than 6 years.
FIR bearing No. I2. The Respondent No.2 (Wife) has recorded an 411 dated 29.12.2017 with the Nayanagar Police Station against the Petitioner No.l (Husband) and his family members under Section 498 (A), 506, 323, 504 read with 34 of the IPC, 1860 and the Police authorities have filed Charge-sheet in the said matter and the matter is pending before the Learned Magistrate's Court at Thane. a Domestic Violence
3. The Respondent No.2 (Wife) has also filed case bearing D.V. No. 188/2018 before the J.M.F.C at Thane and the Hon'ble Court has passed an interim maintenance Order dated 11.10.2019 directing the Petitioner No.l (Husband) to pay an amount of Rs. 15,000/- per month to the Respondent No.2 (Wife). The Respondent No.2 (Wife) challenged the Order dated 11.10.2019 before the Learned Sessions Judge, Thane and vide Order dated 22.08.2023, the Learned Sessions Judge, Thane has enhanced the interim maintenance Order from Rs. 15,000/- per month to Rs. 45,000/- per month.
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4. The Petitioner No.l (Husband) has challenged the Order dated 22.08.2023 passed by the Learned Sessions Judge, Thane by filing the present Criminal Writ Petition (L) No. 22369 of 2023 which is pending for admission and interim reliefs before this Hon'ble Court.
5. The family members of the Petitioner No.l (Husband) have filed a Criminal Writ Petition bearing No. No. 4946 of 2021 for quashing ol the FIR bearing No. 1-411 dated 29.12.2017 registered with the Nayanagar Police Station against the Petitioner No. 1 (Husband) and his family members under Section 498 (A), 506, 323, 504 read with 34 of the IPC, 1860 and the same is also pending for admission and interim reliefs before the Division Bench of this Hon'ble Court. At the time of last hearing of Criminal Writ Petition bearing No. No. 4946 of 2021, the Hon'ble High Court has directed the parties to appear before the mediator (Mrs. Deshmukh, APP) appointed by the Hon'ble Court and thereafter the matter remained as such without any progress.
6. Now with the intervention of the f?mily members, relatives and close friends, both the parties i.e. Petitioner No.l (Husband) and Respondent No.2 (Wife) have decided to settle all the disputes
■9 amongst themselves keeping in mind the welfare of the children and have arrived at the following terms and conditions: a.) It is agreed by both the parties that the Petitioner No.l (Husband) shall purchase a One Bedroom Hall Kitchen (IBHK) Flat in Taloja, Phase-1, Dist. Raigad on ownership basis within a period of 1 month from the date of execution of the present Consent Terms. It is further agreed that the said Flat shall be purchased by availing loan and/or credit facility from any banking, non-banking and/or any other financial and the Petitioner No.l institutions and/or any persons i;
I (Husband) shall pay all the EMI's in respect of the said loan and bear all the liabilities of the said Flat. The Flat shall be purchased in the joint-names of both the parties i.e. Petitioner No.l (Husband) and RespondentNo.2 (Wife) and the loan on the Flat shall be insured by any insurance company and the ensure that the loan on the Petitioner No.l(Husband) shall Flat is insured. The Petiticr.er No.l (Husband) hereby undertakes to this Hon'ble Court that he shall not default in paying EMI's to the bank and shall not create any third party rights on the said Flat.
I b.)It is agreed by both the parties i.e. Petitioner No. 1 (Husband) and Respondent No.2 (Wife) that the Petitioner No.l (Husband) shall transfer his ownership right, title and interest in the said Flat upon payment of the entire loan amount and all other charges in favor of their 3 children, namely Alveera Shaildi (16 years at present), Aleeza Shaikh (15 years at present), Alishba Shaikh (10 years at present). c.) It is agreed by both the parties that the Petitioner No.l (Husband) shall pay an amount of Rs. 20,000/- (Rupees Twenty Thousand Only) every month to the Respondent No.2 (Wife) towards the maintenance and welfare of the Respondent No.2 (Wife) and their 3 children namely Alveera Shaikh (16 years at present), Aleeza Shaildi (15 years at present), Alishba Shaikh (10 years at present). The amount J of Rs.
20,000/- Rupees Twenty Thousand Only) shall be paid on/or before the 5''^ day of every month, without any default. The Petitioner No.l (Husband) undertakes to this Hon'ble Court to pay the aforesaid amount of Rs. 20,000/- per month to the Respondent No.
«r that the Respondent No.2 shall be entitled to execute the Order dated 22.08.2023 passed by the Learned Sessions Judge, Thane which is Impugned in the present Writ Petition. |v £ r d.) It is agreed by both the parties i.e. Petitioner No.l (Husband) ff.
and Respondent No.2 (Wife) that the Petitioner No.l rr (Husband) shall bear all the outgoings including but not !■ limited to electricity charges, municipal taxes, maintenance charges, Wi-Fi charges, etc. in respect of the said Flat and shall pay such bills every month without default and demur. The Petitioner No.l (Husband) undertakes to this Hon'ble Court to pay the aforesaid amount without default. e.) It is agreed by both the parties i.e. Petitioner No.l (Husband) and Respondent No.2 (Wife) that the Petitioner No.l (Husband) shall bear all the educational expenses of the 3 children namely Alveera Shaikh (16 years at present), Aleeza Shaikh (15 years at present), Alishba Shaildi (10 years at present) including expenses towards books, stationery, etc. f.) It is agreed by both the parties i.e. Petitioner No. 1 (Husband) 1:
and Respondent No.2 (Wife) that the Petitioner No.l
(Husband) shall make payments towards expenses of clothing, etc. to the Respondent No.2 (Wife) (for herself and on behalf of their 3 children) on account of festivals such as Ramzan, Eid-ul-Fitr, Bakri Eid, etc.
g.) It is agreed by both the parties i.e. Petitioner No. 1 (Husband) and Respondent No.2 (Wife) that the Petitioner No.l (Husband) shall deposit an amount of Rs. 5,00,000/- (Rupees Five Lakhs) in the Fixed Deposit Account (in any Nationalized Bank) to be opened in the joint names of the Respondent (2) and their three minor children within 6 months from the date of execution of the present Consent Terms. Moreover, the Petitioner No.l (Husband) shall has agreed to contribute a sum of Rs. 10,00,000/- at the time of marriages of his 3 children. The Petitioner No.l (Husband) undertakes to this Hon'ble Couit to pay the aforesaid amount without default.
h.) It is agreed by both the parties i.e. Petitioner No. 1 (Husband) and Respondent No.2 (Wife) that the Petitioner No.l (Husband) shall be given access to the three children on every
J Sunday between 2:00 p.m. to 10:00 p.m. and/or during vacation also subject to the request and availability and convenience of the parties keeping in mind that the educational and physical welfare of the children are supreme. i.) It is agreed by both the parties that Petitioner No. 1 (Husband) shall not part with possession of Flat No. 402, Building No.2, N.G. Paradise Complex, Hatkesh Road, Mira Road (E), Thane- 401107 and/or create any third party rights on the said Flat and in the event of death of the Petitioner No.l (Husband), the Respondent No.2 (Wife) and her 3 children L shall be entitled to 50% right, title and interest in the said Flat and the remaining 50% shall vests equally with the mother and second wife of the Petitioner No.l (Husband). j.) It is further agreed by both the parties that the Respondent No.
2 (Wife) shall not take any coercive steps in D.V. No. 188/2018 pending before the 11* Joint Civil Judge Junior Division/ JMFC, Thane and/or before the prosecuting authorities and the proceedings pending before the 11"' Joint Civil Judge Junior Division/ JMFC, Thane in D.V. No. 188/2018 shall be stayed.
I' • k.)It is agreed by both the parties that upon receipt of the aforesaid amounts and the Flat mentioned supra, the Respondent No.2 (Wife) shall withdraw the case bearing D.V. No. 188/2018 pending before the IP Joint Civil Judge Junior Division/ JMFC, Thane against all the Petitioner No. 1 (Husband) and his family members. In the event of failure of making payments and purchase of Flat as stated supra, the Respondent No.2 (Wife) shall restore the D.V. 188/2018 pending before the IP'^ Joint Civil Judge Junior Division/ JMFC, Thane.
1.) It is agreed by both the parties that upon receipt of the aforesaid amounts and the Flat mentioned supra, the Respondent No.2 (Wife) shall give her irrevocable consent to quash the FIR No. 1-411 dated 29.12.2017 registered with the Nayanagar Police Station against the Petitioner No.l (Husband) and his family members under Section 498 (A), 506, 323, 504 read with 34 of the IPC, 1860.
m.) It is further agreed by both the parties that in all the Mutual Funds, particularly Mutual Fund having BO ID No. 1209210002957965 along with Two LIC Policy No. 3)
* 924330884 & LIC Policy No. 924330882, the Petitioner No. 1 (Husband) and/or his family members shall not claim any amount whatsoever and the Respondent No.2 (Wife) and the three children shall be entitled to the benefits accruing therefrom.
n.) It is further agreed by both the parties that marriage expenses of the 3 children shall be borne by the Petitioner No.l (Husband) as per his financial ability at the time of their marriage.
o.)It is further agreed by both the parties i.e. Petitioner No.l (Husband) and Respondent No.2 (Wife) that they shall not file any Civil and/or Criminal proceedings, complaints in respect of their marital differences in any Police Station or in any Court in India against each other or against each other's respective family members, relatives etc. henceforth.
7. Both the parties herein i.e. Petitioner No.l (Husband) and tRespondent No.2 (Wife) state that they have understood the I'.
contents of the present Consent Terms and have executed the present Consent Terms willfully in sound stage of their minds, and f I I Io
i7?pr^ •• I f-- health, without any coercion or undue influence of any of their respective relatives or family members.
8. Both the parties herein i.e. Petitioner No.l (Husband) and Respondent No.2 (Wife) agree and undertake not to resile from the present Consent Terms under any circumstances and further undertake to comply with the present Consent Terms. Mumbai dated this 7^ day of ^^^024.
Parvez Ali Qudrat Ali Shaiklt Petitioner No.l Safina Paivez Ali Shaikh Respondent No.2 A dv(^5tefbrRSpnndeun^.2
f/ Parvez Ali QudratAli Shaikh ^ctl^/DOB: 21/04/1978 5^/MALE t saB aM Mobile No; 8879797062 4746 0141 3345 VID : 9155 4078 3043 9547 srrent, M6-CIM i ■MMnBRRTT^DiA AAOHAAR W!
„ _»v_ W^.402jfi^'fl.8,Flat No.402, Building No.8, N W Address:
G Paradise Complex, Hatkesh Road, Mira Road East, Behind Shree Nidhi, Mira-Bhayander, Thane, Maharashtra • 401107 '^•401107 iiiiiiiiiiiiiniiiiiiiiiiiii 15^ h«ip*iM*t.(ov.bi IWWffl P.O.*oxN«.1M7.
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Safina Gazala Parvez AN Shaikh I ■« '
ffH '■'fi t of Birth : 1982 j Female Pi IlilillBI 4800 3501 7862 J!.
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- UNIQUE IDENTIFICATION AUTHO»!T'W#tDlA M2 ••..qWW' W J '*'• • W:.
Address:
002/J Wing S'rta Park CHS Ltd, lodha ?
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Opp. Laxmi Park sflTT Hd spit, 401107 Mira Road East Thane, Maharashtra, 4Q11Q7 - Samanya Maansacha Adhtkaar Aadhaar IS"
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY CRIMINAL APPELLATE JURISDICTION NO.3^.?^ OF 2024CRL WRIT PETITION ] ... Petitioners Parvez Ali & Ors.
[
Versus
t:
1. State of Maharashtra ]... Respondent No. 1
2. Shufina Parvez Ali & Anr.]... Respondent No.2 TERMS NO.l THE AND CONSENT TERMS BETWEEN PETITIONER NO.l (HUSBAND) RESPONDENT NO.2 (WIFE) IN THE ABOVE MATTER Mumbai dated this 7 /day ofAl{1ft()2024.
r R. A. SHAIKH & ASSOCIATES ADVOCATES HIGH COURT.
27/33, Beaumon Chambers, Gr, Fir,, Chamber No. 3, Near Welcome Hotel, N. M. Road, Fort, Mumbai-t. Cell.: 9820083616 - Email: 1312ras@gmail.coni