IRFAN ABDUL RAHIM SHAIKH Vs. RESHAMA IRFAN SHAIKH

JUDGEMENT

(1.) THIS writ petition is directed for quashing the proceeding in Criminal Case No.368 of 2007 and Misc. Application No.96 of 2009 filed by the respondent No.1. Respondent No.1 had filed Civil suit No.146 of 2008, before the Civil Judge S.D. for dissolution of her marriage with the petitioner No.1 herein.

(2.) IN that civil suit consent terms were filed at Exh.11. These consent terms recite that the respondent No.1 wife had agreed to withdraw the allegations and criminal case no.368 of 2007; as also criminal MIsc. Application No.96 of 2009. The consent terms recite that the husband had agreed to pay a sum of Rs.5,786/- towards Meher and a sum of Rs.24,000/- as Iddat and rent of four months after criminal case No.368 of 2008 was withdrawn. These consent terms were recorded before the Civil Court on 21st July, 2010. The learned Judge has endorsed on the consent terms that "plaintiff, her advocate, defendant alongwith his advocate present. They deposed that the contents of this consent terms are true and correct. Plaintiff and Defendant also admitted their signatures. Hence R & R". Thereafter the learned Judge proceeded to dispose of the suit on the same day by endorsing below exh.1 that "In view of consent terms filed at Exh.11, matter stands compromised and hence disposed of accordingly".

(3.) LEARNED counsel for the petitioners submits that after having agreed to settle the dispute and to withdraw criminal case as well as maintenance application, it was not open to the respondent wife to go back. He submitted that the word of respondent that she had not consented to the terms which the learned Trial Court recorded, should not be believed, since the learned Civil Judge has duly endorsed on the consent terms that the parties had agreed to it. This would be a matter to be considered by the learned trial Court since on the face of statement of Respondent No.1 that the terms were not explained to her, it would be difficult to conclude that the consent terms had been read over to her or were accepted by her word by word, particularly since the civil suit pertained to divorce and not about allegations which are subject matter of the criminal case.