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Bombay High Court

MASUK ALI SHAKIL AHMED SHAIKHversusRUKAIYYA BI MASUK ALI SHAIKH AND OTHERS

Disposal
DISPOSED OFF

Holding

The criminal revision application is disposed of because the settlement extinguished the cause of action.

Summary

The petitioners filed a criminal revision application challenging an earlier order. Both parties engaged in court‑ordered mediation, and a settlement was reached with the mediator’s assistance. The court noted that the settlement extinguished the cause of action underlying the revision. Consequently, the court disposed of the criminal revision application, and by implication, the related criminal application also ceased to exist. The judgment emphasizes the effect of settlement on pending criminal proceedings.

Issues considered

  • Does a settlement reached through mediation extinguish the cause of action in a criminal revision application?
  • Can the criminal revision application be disposed of on the ground that the cause of action no longer survives?

Subjects

  • mediation
  • criminal revision
  • settlement
  • disposal
  • cause of action

Judgment

2026:BHC-AUG:45359


                                                1/2                          943-REVN-106-2026


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                           943 CRIMINAL REVISION APPLICATION NO. 106 OF 2026

                                   Mashooq Ali Shaqil Ahemad Shaikh
                                                VERSUS
                                Ruquiyya Bi Mashooq Ali Shaikh And Others
                                                  WITH
                                  CRIMINAL APPLICATION NO. 1120 OF 2026
                                            IN REVN/106/2026
                                      Masuk Ali Shakil Ahmed Shaikh
                                                  VERSUS
                              Rukaiyya Bi Masuk Ali Shaikh And Others
                                                …..
             Mr. G. V. Wani, Advocate for Applicant.
             Mr. S. S. Patil, Advocate for Respondents.
                                                 …..

                                                CORAM : SUSHIL M. GHODESWAR, J.

                                                DATE    : 29 SEPTEMBER, 2026

             PC:

             1.        Both the learned counsel for the parties state that the mediation

             report has been received by this Court and the same was successful after

             the efforts of the learned mediator.


             2.        In view of the settlement between the parties, the cause of action to

             prosecute the instant Criminal Revision Application does not survive.

             Hence, the instant Criminal Revision Application is disposed in terms of

             the settlement arrived at before the learned mediator. It is necessary to

             place on record the efforts made by the learned mediator. The same are

             Kiran Kawre
                                 2/2                         943-REVN-106-2026


appreciated.


3.        In view of the disposal of the Criminal Revision Application, the

Criminal Application does not survive and is accordingly disposed of.




                                             (SUSHIL M. GHODESWAR, J.)




Kiran Kawre


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