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Bombay High CourtWP/93/2019rule absolute

Amit Kumar Dokania And ORS. v. The State Of Maharashtra And ANR.

2019-02-05Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

wp.93.19.35.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 93 OF 2019 Amit Kumar Dokania & Ors.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Anand Mishra i/b Ms. Kavita A. Gandhi for the Petitioners Mr. Deepak Thakare, P.P. a/w Mr. Avinash Kamkhedkar, A.P.P for the Respondent No.1-State Mr. Akash A. Singh i/b Mr. A. M. Saraogi for the Respondent No. 2 CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

TUESDAY, 5 th FEBRUARY 2019 P.C. :

Respondent No.2/complainant is present with her advocate. Similarly, accused/petitioner No.1 is also present with his Advocate.

Parties jointly request for quashing of FIR as consent terms are already settled in proceedings before Family Court at Bandra. They point out that Section 13B proceedings for grant of decree of divorce by mutual consent are pending. SQ Pathan 1/2

wp.93.19.35.doc In present matter, respondent No. 2 has filed affidavit re-iterating above facts. Before Court orally also she has disclosed her intention not to prosecute petitioners.

In this situation, accepting joint request, we make rule absolute in terms of prayer clause (A).

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2