Bombay High Court

AARATI ASHOK GAIKWADversusKETAN DINKAR KADAM

Disposal: DISPOSED OFF
Bench: Y G KHOBRAGADE

Holding

The court accepted the mediation settlement and ordered disposal of the application, directing compliance with the settlement terms and termination of the criminal proceedings.

Summary

The applicant, Ms. Aarati Ashok Gaikwad, and the non‑applicant, Mr. Ketan Dinkar Kadam, entered into a mediation which resulted in a settlement deed recorded as Exhibit‑X. The deed provides for a mutual‑consent divorce pending before the Family Court, Pune, and obliges the husband to deposit Rs.73,00,000 as permanent alimony via a demand draft. The husband’s counsel confirmed the deposit would be made within a week, after which pending criminal proceedings would be dismissed on the basis of the settlement. The court, after reviewing the mediation report, ordered that the parties comply with the settlement terms and disposed of the miscellaneous civil application. Consequently, the criminal matters were to be closed pursuant to the settlement.

Issues considered

What is the effect of a mediation settlement deed on pending criminal proceedings?
Can the court dispose of a miscellaneous civil application based solely on a mediation report?

Subjects

mediation
settlement deed
mutual consent divorce
permanent alimony
family court
criminal proceedings
miscellaneous civil application

Judgment

                                                 936-MCA-118-2025.odt




          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD
           936 MISC.CIVIL APPLICATION NO. 118 OF 2025
                    AARATI ASHOK GAIKWAD
                             VERSUS
                     KETAN DINKAR KADAM
                                .…
Ms Nayana P. Patil, Advocate for the Applicant
Mr. A. S. Gandhi, Advocate for the Respondent
                                .…

                   CORAM : Y. G. KHOBRAGADE, J.

                      DATE : March 24, 2026
PER COURT :-

1.           In pursuance of the order dated 19.11.2025, the

Mediator Mr. Rajendra Sanap has submitted mediation successful

report.    It is taken on record and marked as Exhibit–“X” for

identification.

2.           As per the mediation report, the applicant and the

non-applicant have settled the dispute in terms of settlement-

deed, which is part and parcel of Exhibit-“X”.

3.           As per the terms and conditions of the settlement-

deed, both the parties shall never been able to live together,

happily in future and they decided to dissolve their marriage on



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condition that they would take divorce by mutual consent in Petition

No. A-163 of 2025 pending on the file of learned Family Court, Pune.

The non-applicant / husband undertakes to deposit an amount of

Rs.73,00,000/- (Rupees Seventy Three Lakh) towards permanent

alimony and maintenance to the applicant / wife and the said amount

would be deposited before this Court by Demand Draft No.765263

dated 11.02.2026.

4.          The learned counsel for the non-applicant / husband

submitted that, within a period of one week, the non-applicant would

deposit Rs.73,00,000/- through Demand Draft before this Court.

Thereafter the criminal proceedings which are pending before this

court as well as before the criminal court, shall be disposed off on the

ground of settlement between the applicant and the non-applicant.

5.          The applicant and the non-applicant shall act and comply

the other terms and conditions of the settlement-deed.

6.          In view of the mediation report Exhibit – “X”, the present

Miscellaneous Civil Application is disposed off.



                                      [ Y. G. KHOBRAGADE, J. ]
SMS




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