Nikhil Ashok Nicholas And ORS v. The State Of Maharashtra And ANR

903-wp-271.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 271 OF 2020 Nikhil Ahok Nicholas & Ors.

...

Petitioners

Versus

The State of Maharashtra ...

Respondent Mr. A.B. Avhad i/by Mr. K.P. Shah for the petitioners. Dr. F.R. Shaikh, APP for the respondent State. Mr. Akshay Koparkar for respondent no. 2.

CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & NITIN R. BORKAR, J.

DATE :

MARCH 06, 2020 P.C.:

Rule. By consent of the parties rule is made returnable forthwith. Heard forthwith.

2.

Petitioners are present with their advocate. Respondent no. 2 is present with her advocate. Joint prayer is to quash and set aside the said FIR and consequential criminal case under sections 498A, 406, 323, 504, 506 IPC and sections 3 and 4 of the Dowry Prohibition Act.

3.

The marriage of respondent no. 2 with petitioner no. 1 is dissolved under section 28 of the Special Marriage Act by the nilegaonkar 1/2

903-wp-271.2020.odt Family Court No. 3, Bandra in Petition No. F/1812 of 2019 on 13/1/2020. A copy of that judgment is produced by the parties. Respondent no.2 has given separate affidavit giving no objection. Orally also she has indicated her unwillingness to prosecute the matter. We therefore, accept the joint request and make the rule absolute in terms of prayer clause (a).

NITIN R. BORKAR, J.

ACTING CHIEF JUSTICE nilegaonkar 2/2