Consent

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 16 OF 2022
DISTRICT: PUNE
Mr. Rehan Shaikh and others.
… Petitioners
Versus
1. State of Maharashtra
2. Mrs. Sana Rehan Shaikh alias Sana Jan Mohammad Shaikh
… Respondents
CONSENT TERMS ARRIVED BETWEEN PETITIONER
NO.1 [HUSBAND] AND RESPONDENT NO. 2 [WIFE]
MOST RESPECTFULLY SHOWETH:
The Petitioner No.1 and Respondent No.2 above named most
respectfully as under:
1. The Petitioner No. 1 and Respondent No.2 submits that both
the parties are citizen of India and residing at the address
mentioned at the cause title of the Petition. [Hereinafter
Petitioner No.1 and Respondent No.2 are referred to as
“Husband” and “Wife” and “parties – jointly” for the sake of
brevity].
2. That the Petitioners have instituted the present petition for
quashing of the C.R. No. 379/2017 and the proceedings
pending on the file of the Ld. Magistrate of Cantonment Court,
Pune vide. R.C.C. No. 1138/2017.
3. During the pendency of the present proceedings, the parties
were referred for mediation by virtue of the order of this
Hon’ble Court dated 21st July 2022 to explore the possibility of
an amicable settlement through mediation process.
4. Pursuant to the protracted mutual discussions between the
parties held in the presence of the mediator viz. Advocate
Kavita Solunke, both the parties have agreed to resolve all their
disputes an end to the matter through decree of divorce as well
as consequent litigations between the parties pending before
different courts including the present petition for quashing of
the criminal proceedings arising out of C.R. No. 379/2017 and
the proceedings pending on the file of the Ld. Magistrate of
Cantonment Court, Pune vide. R.C.C. No. 1138/2017.
5. Brief facts leading to the present application for consent terms:
5.1. That the marriage between both the parties was solemnized
on 15th November 2015 at Usmaniya Masjid, R.S. Kedari
Road, Camp as per Islamic rites and rituals in presence of

parents family members, relatives and acquaintances from
both the sides.
5.2. That from the wedlock there is a son namely Master. Mohd.
Ruhaan Rehan Shaikh, Age: 7 years and currently in custody
of the Wife.
5.3. That due to certain difference between the Husband and
Wife, there happened to be certain cases registered at the
behest of the Wife and the pending case details have been
reproduced below for convenience:
Case No. Act/Section Title

C.R. No. 379/2017, R.C.C. No. 1138/2017 Section 498A, 323, 504, 506, State of Maharashtra
[Ld. Judicial Magistrate, Cantonment 34 of Indian Penal Code. vs. Rehan Shaikh
Court, Pune]. and others.
Petition. E. 148/2017 Section 125 of Code of Sana Rehan Shaikh
[Hon’ble Family Court, Pune] Criminal Procedure. vs. Rehan Shaikh.
Cri. M. A. No. 103/2019 Section 12 of the Protection Sana Rehan Shaikh
[Ld. Judicial Magistrate, Cantonment of Women from Domestic vs. Rehan Shaikh
Court, Pune]. Violence Act, 2005. and other.
5.4. That both the parties viz. Husband along with his family
members including Petitioner No.2 to 6 and Respondent
No.2 viz. wife have arrived to amicably settle their
matrimonial disputes and hence therefore filed present
Consent Terms before this Hon’ble Court.
6. That, both the parties have arrived at the herein below
consent terms with their own free will and desire
without there being any undue influence, force and/or

coercion or pressure of whatsoever nature upon them
on the following terms:
a. That the Petitioner No.1 [Husband] will pay a lump sum
amount of Rs. 16, 00, 000/- [Sixteen Lakh Rupees Only] as
a one-time permanent settlement amount towards lifetime
alimony/maintenance to Mrs. Sana Rehan Shaikh alias Sana
Jan Mohammed Shaikh and lifetime expenses for the son
Master. Mohd. Ruhaan Rehan Shaikh including expenses of
his education, maintenance, etc.
b. That the Petitioner No.1 [Husband] is ready and willing to
pay lump sum alimony/future compensation/onetime
permanent settlement amount to the Respondent No.2
[Wife] i.e. total amount of Rs. 15, 00, 000/- (Fifteen Lakh
Rupees Only) in the form of Demand Draft drawn and
executed in the favor of Respondent No.2 viz. wife in the
name of Shaikh Sana Jan Mohammed. That the Demand
Draft would be submitted/deposited in this Hon’ble Court
until all the matters aforesaid at Para No. 5.3 are not
withdrawn by the Respondent No. 2 – Wife. That today at
the time of execution of this present consent terms, the
Petitioner No.1 [Husband] has provided/given a cash
amount of Rs. 1, 00, 000/- (One Lakh Rupees Only).

c. On receipt of the amount by the Respondent No.2, shall
cease to have any interest in any proceedings initiated at her
instance including the present petition for quashing of the
criminal proceedings arising out of C.R. No. 379/2017 and
the proceedings pending on the file of the Ld. Magistrate of
Cantonment Court, Pune vide. R.C.C. No. 1138/2017 and
mentioned afore said at Para No. 5.3 of this consent terms.
That the Respondent No.2 would withdraw all the matters
mentioned in the aforesaid Para No. 5.3 after receipt of the
one-time settlement amount.
d. That the Petitioner No.1 [Husband] shall return all the
stridhan of Respondent No.1 including gold ornaments
provided/gifted to the Respondent No.1 by her parents and
family members.
e. That the Petitioner No.1 [Husband] shall return all the
documents in his possession to the wife on executing of the
said consent terms between both the parties.
f. That the Husband and Wife have agreed to executing an
extrajudicial divorce [Khulanama] as per the personal laws
governing both the parties and pray that this Hon’ble Court
to pass appropriate order declaring divorce by mutual

consent between both the Petitioner No.1 and Respondent
No.2.
g. That the Petitioner No.1 as agreed shall pay the Iddat
amount of Rs. 10, 000/- [Ten Thousand Rupees Only] to the
Respondent No.2 in view of the extra judicial divorce
[Khulanama] executed between both the parties.
h. The Petitioner No.1 shall cease to be the Husband of the
Respondent No.2 and they shall no more be Husband &
Wife. It has been agreed that the permanent custody of the
minor son will forever remain with the Respondent No.2
and the Petitioner No.1. would be having visitation rights
once a month as agreed between the parties.
i. It has been empathetically agreed by and between the
Petitioners and Respondent No.2 in view of the foregoing
one-time settlement, there shall remain no dispute or
difference whatsoever between the parties and there shall
not remain any past, present or future claims [Civil or
Criminal] of whatsoever nature by both of them against each
other in view of this full and final settlement.

7. Under such circumstances it is therefore prayed
before this Hon’ble Court that:
A. That the present petition may kindly be allowed in terms of the
consent terms agreed and entered between the Petitioners and
Respondent No.2.
B. That the marriage between the parties may kindly be dissolved
by the way of mutual consent in view of the Khulanama as per
the Islamic Personal Law executed between the Petitoner No.1
[Husband] and Respondent No.2 [Wife].
C. Any other order as that court may deem fit in the interest of
justice.
FOR THIS ACT OF KINDNESS AND JUSTICE, THE

PETITIONERS AND RESPONDENT NO.2 AS IN DUTY BOUND
SHALL EVERY PRAY.
Place: Mumbai
Date: February 2023 Petitioner No.1
[Mr. Rehan Rafiq Shaikh]
Respondent No.2
[Mrs. Sana Rehan Shaikh alias Sana Jan Mohammad Shaikh]

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

2. Mrs. Sana Rehan Shaikh alias Sana Jan Mohammad Shaikh

NO.1 [HUSBAND] AND RESPONDENT NO. 2 [WIFE]

MOST RESPECTFULLY SHOWETH:

The Petitioner No.1 and Respondent No.2 above named most

1. The Petitioner No. 1 and Respondent No.2 submits that both

the parties are citizen of India and residing at the address

mentioned at the cause title of the Petition. [Hereinafter

Petitioner No.1 and Respondent No.2 are referred to as

“Husband” and “Wife” and “parties – jointly” for the sake of

quashing of the C.R. No. 379/2017 and the proceedings

pending on the file of the Ld. Magistrate of Cantonment Court,

Pune vide. R.C.C. No. 1138/2017.

3. During the pendency of the present proceedings, the parties

were referred for mediation by virtue of the order of this

Hon’ble Court dated 21st July 2022 to explore the possibility of

an amicable settlement through mediation process.

4. Pursuant to the protracted mutual discussions between the

parties held in the presence of the mediator viz. Advocate

disputes an end to the matter through decree of divorce as well

as consequent litigations between the parties pending before

different courts including the present petition for quashing of

the criminal proceedings arising out of C.R. No. 379/2017 and

the proceedings pending on the file of the Ld. Magistrate of

Cantonment Court, Pune vide. R.C.C. No. 1138/2017.

5. Brief facts leading to the present application for consent terms:

on 15th November 2015 at Usmaniya Masjid, R.S. Kedari

Road, Camp as per Islamic rites and rituals in presence of

both the sides.

Ruhaan Rehan Shaikh, Age: 7 years and currently in custody

5.3. That due to certain difference between the Husband and

Wife, there happened to be certain cases registered at the

reproduced below for convenience:

Case No. Act/Section Title

members including Petitioner No.2 to 6 and Respondent

No.2 viz. wife have arrived to amicably settle their

matrimonial disputes and hence therefore filed present

Consent Terms before this Hon’ble Court.

6. That, both the parties have arrived at the herein below

consent terms with their own free will and desire

without there being any undue influence, force and/or

on the following terms:

a. That the Petitioner No.1 [Husband] will pay a lump sum

amount of Rs. 16, 00, 000/- [Sixteen Lakh Rupees Only] as

a one-time permanent settlement amount towards lifetime

alimony/maintenance to Mrs. Sana Rehan Shaikh alias Sana

Jan Mohammed Shaikh and lifetime expenses for the son

Master. Mohd. Ruhaan Rehan Shaikh including expenses of

his education, maintenance, etc.

b. That the Petitioner No.1 [Husband] is ready and willing to

pay lump sum alimony/future compensation/onetime

permanent settlement amount to the Respondent No.2

Rupees Only) in the form of Demand Draft drawn and

executed in the favor of Respondent No.2 viz. wife in the

name of Shaikh Sana Jan Mohammed. That the Demand

Draft would be submitted/deposited in this Hon’ble Court

withdrawn by the Respondent No. 2 – Wife. That today at

the time of execution of this present consent terms, the

Petitioner No.1 [Husband] has provided/given a cash