Ganesh Shantaram Salunkhe And ORS v. Hemlata Ganesh Salunkhe And ANR

1 of 2 SB.907.WP.174.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.174 OF 2017 Ganesh Shantaram Salunkhe and others Petitioners versus Mrs.Hemlata Ganesh Salunkhe and others Respondents Mr.Rahul S. Kate for Petitioners.

Mr.Hrishikesh Giri for Respondent no.1.

Dr.F.R.Shaikh, APP, for State.

CORAM : S.C.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE :

26th April 2017 PC :

1.

Though the complainant-Respondent no.1 is absent, what we have on record of this writ petition is a copy of the memorandum of settlement. That was reached during the course of the proceedings arising out of Family Courts Act, 1984. The proceedings also landed in this Court by way of Family Court Appeal No.140 of 2015 and between the same parties. It is an appeal by the first Respondentcomplainant Hemlata Salunkhe. Though she is absent, but her advocate is present. She is undergoing some examination but instructed her advocate to inform that on 15th December 2016, the Family Court Appeal No.140 of 2015 with Civil Application No.324 of 2015 have been disposed of to her satisfaction. She has confirmed the arrangement in consent terms. She has also accepted the amounts. The matrimonial relationship has been dissolved. In the

2 of 2 SB.907.WP.174.2017 circumstances, the petition under Section 13-B of Hindu Marriage Act, 1955 came to be disposed of.

2.

Once this Court which has taken due and adequate care to protect the interest of both sides and confirmed the settlement, then no useful purpose will be served by allowing the criminal investigation to continue at the instance of the Respondentcomplainant Hemlata Salunkhe. She having confirmed all the arrangements and acting at her free will without any pressure, coercion or force, we allow this criminal writ petition. Rule is made absolute in terms of prayer clauses (b) and (c). (PRAKASH D. NAIK, J.) (S.C.DHARMADHIKARI, J.) MST