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Bombay High CourtWP/472/2019rule absolute

Anil Madhavdas Ahuja v. The State Of Maharashtra And ANR.

2019-03-07Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 23-24--WP-443-472-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.443 OF 2019 Sanjay Anil Ahuja

...Petitioner

vs.

The State of Maharashtra and Anr.

...Respondents

AND WRIT PETITION NO.472 OF 2019 Anil Madhavdas Ahuja

...Petitioner

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Abbas i/b Ms. Sneha Sanap for the Petitioner in WP No.443/2019. Mr. Laxman Kanal for the Petitioner in WP No.472/2019. Ms. S. D. Shinde, APP for the Respondent No.1/State in WP No.443/2019. Mr. S. R. Shinde, APP for the Respondent No.1/State in WP No.472/2019. Mr. Manoj Bhatia for the Respondent No.2.

---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 07/03/2019.

P.C.:

.

Petitioner in Writ Petition No.443/2019 is the son of petitioner in Writ Petition No.472/2019. The complainant in both the matters is the wife of petitioner in Criminal Writ Petition No.472/2019. It is not in dispute that the Family Court at Bandra in Petition No.A-20/2017 on 14/12/2018 accepted the Consent Terms and marriage of the Petitioner Anil Ahuja with the complainant is dissolved under section 13(B) of Hindu Marriage Act. It is also not in dispute that as per the Consent Terms amount of Rs.30 Lakhs is already received by the complainant and necessary steps to complete transfer of right, title and interest in Residential Unit-407 described in paragraph No.9A of Consent Terms have already been taken. Actual transfer is to take place if the respective FIR's are quashed and set

rsk 2/2 23-24--WP-443-472-19.doc aside. Parties are accordingly present before the Court with their advocates and jointly request for quashing of FIR. Complainant has give her separate affidavit accepting the Consent Terms.

2.

In view of this development and joint request we make Rule absolute in terms of prayer clause (b).

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)