Alay Ujesh Waghani v. Suchi Alay Waghani And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.268 OF 2015 Alay Ujesh Waghani ...Applicant
Versus
Suchi Alay Waghani
...Respondent
WITH CRIMINAL APPLICATION NO.375 OF 2018 IN CRIMINAL REVISION APPLICATION NO.268 OF 2015 Suchi Alay Waghani & Anr.
...Applicants
Versus
Alay Ujesh Waghani & Anr.
...Respondents
WITH WRIT PETITION NO.1442 OF 2025 Alay Ujesh Waghani
...Petitioner
Versus
Suchi Alay Waghani & Anr.
...Respondents
WITH CRIMINAL REVISION APPLICATION NO.360 OF 2024 Alay Ujesh Waghani ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
Mr. Prashant R. Suryawanshi i/by Mr. Gajanan M. Savagave, Advocate for Applicant/ Petitioner Mr. D.J. Haldankar, APP for State Mr. Alay Waghani and Mrs. Suchi Waghani, thru' VC Mr. Moin Chaudhari i/by A.A. Siddhique & Associates for Respondent No.2.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
8th August 2025
P.C.:
1.
Heard Mr. Suryawanshi, learned Counsel for the Applicant, Mr. Chaudhari, learned Counsel for Respondent No.2 and Mr. Haldankar, learned APP for the State.
2.
Both Mr. Suryawanshi, learned Counsel and Mr. Chaudhari, learned Counsel state that the dispute in the Revision Applications and the Writ Petition has been settled between the parties. Both of them tendered the Consent Terms. Consent Terms are signed by the parties and their respective Advocates. Signatures of the parties are identified by their Advocates.
3.
As per the Consent Terms, both the Applicant and Respondent- i.e. husband and wife has started cohabiting together. Accordingly the Consent Terms are taken on record and marked 'X' for identification.. The Consent Terms reads as under : " CONSENT TERMS The Applicant and the Respondent No. 2 (i.e. Mrs. Suchi Alay Waghani) are the husband and wife respectively and got married on 21.1.2006 and out of the said marriage the Applicant and the Respondent No. 2 had a daughter, namely, Zia and who is 16 years old at present. Both the Applicant
and the Respondent No. 2 have decided to settle the dispute between the Applicant and the Respondent No. 2 amicably by mutual consent unconditionally and therefore, they are filing the present Consent Terms as follows :-
1. The Applicant and the Respondent No. 2 have decided to withdraw all the cases filed against each other i.e. the Applicant and the Respondent No. 2 unconditionally in the welfare of the Mrs. Suchi Alay daughter. Respondent No. 2 (i.e. wife Waghani) is suffering from Neurological Brain Sickness. Because of her health condition also she has decided to settle the marital dispute.
2. Both the parties have agreed to cohabit at Mumbai and / or the place which will be decided by mutual consent by both the parties as per the order dated 18.2.2015 passed in Petition No. A800336 of 2011 for restitution of conjugal rights. The Applicant and the Respondent No. 2 have been filed the cases i.e. Applicant and the Respondent No. 2 are as follows :- a] Criminal Revision Application No. 268 of 2015, b] Criminal Revision Application No. 360 of 2024, c] Criminal Writ Petition No. 1442 of 2025, d] R.D. No. 10 of 2022 (Now which is transferred to Court at Bandra), e] Criminal Misc. Application No. 854 of 2017, f] Notion of Motion No. 202127 of 2018 in Civil Suit No. 301716 of 2018, g] Criminal Appeal No. 3 of 2023 pending Before Learned Sessions Judge, Nashik.
3. Both the Applicant and the Respondent No. 2 have decided to cohabit in the interest of the daughter, namely, Zia. And therefore, both the parties have decided to withdraw all the cases filed against each other in Court at Nashik, Bandra and in Hon'ble High Court at Mumbai." 4.
Accordingly, Revision Application Nos. 268 of 2015, 360 of 2024 and Writ Petition No.1442 of 2025 are disposed of in terms of the Consent Terms executed between the parties 5.
In view of disposal of these matter, Criminal Application does not survive and the same is also disposed of. (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2025.08.08 20:39:39 +0530