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Bombay High CourtWP/56/2019rule absolute

Yogeeta B. Thakkar And ANR. v. Harpreet Mansukhani And ORS.

2019-02-13Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 17-WP-56-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.56 OF 2019 Yogeeta B. Thakkar and Anr.

...Petitioners

vs.

Harpreet Mansukhani and Ors.

...Respondents

---- Mr.Swapnil Ambure a/w Mr. Mikhail Dey for the Petitioner. Mr. A. R. Maurya a/w Mr. Sharad Rai for Respondent No.1. Smt. S. D.Shinde, APP for the Respondent-State. ---- CORAM : B. P. DHARMADHIKARI & SMT ANUJA PRABHUDESSAI, JJ.

DATE : 13/02/2019.

P.C.:

.

Petitioner No.2 the husband and petitioner No.1 his sister are present in the Court with their advocate. Similarly Respondent No.1 wife and respondent No.2 her brother are present in the Court with their counsel. Learned APP appears for respondent No.3. Parties jointly request for quashing of three proceedings which are mentioned in paragraph No.4 of the present application at Serial Nos.1, 2 and 4. 2.

It is not in dispute that marriage between the petitioner No.2 and respondent No.1 is dissolved as per the order dated 7/10/2018 delivered by the Government of Dubai, Dubai Court in case No.209/2018. The case number mentions status of parties (non-muslim personal status). In paragraph No.5 of the order various cases and counter cases by the parties find mentioned and these matters are included therein. 3.

In case No.914/PW/2016 and 1273/PW/2016 pending before

rsk 2/2 17-WP-56-19.doc 12th Court at Bandra, the petitioner No.1 is the complainant. 4.

In proceedings at Serial No.4 pending before that Court respondent No.1 wife is the complainant.

5.

Today in the Court respondent No.1 wife has handed over affidavit which gives no objection for quashing of proceedings initiated by her as also initiated against her. The above mentioned order of Dubai Court is also annexed with it as Exhibit A.

6.

In view of this affidavit and joint request we quash and set aside the proceedings viz., 914/PW/2016, 1273/PW/2016 and Summary Report No.05/B/Summary/2013 and Protest Petition pending on the file of 12th Court, Metropolitan Magistrate, Bandra, Mumbai. Rule is made absolute accordingly.

(SMT ANUJA PRABHUDESSAI, J.) (B. P. DHARMADHIKARI, J.)