Shailendra Balkrishna Rahate v. Madhuri Shailendra Rahate And ANR.

7-APPLN-53-2023.DOC 2024:BHC-AS:4131 Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.53 OF 2023 Shailendra Balkrishna Rahate ...Applicant

Versus

Madhuri Shailendra Rahate & Anr.

...Respondents

Mr. Anand S. Shalgaonkar, Advocate for the Applicant. Ms. Veera Shinde, APP for the Respondent-State. Mr. Vaibhav Kulkarni, Advocate for the Respondent No.2.

CORAM

Madhav J. Jamdar, J.

DATED:

29th January 2024 PC:- 1.

Mr. Shalgaonkar, learned Counsel appearing for the Applicant seeks withdrawal of the Criminal Application in view of report dated 26th April 2023 of Department of Orthopaedics, Seth Dhurmal Bajaj Orthopaedic Centre & Research Institute, K.E.M. Hospital & Seth G. S. Medical College, Parel, Mumbai.

2.

Accordingly, the Criminal Application is allowed to be withdrawn.

7-APPLN-53-2023.DOC 3.

By order dated 12th April 2023 passed in this Criminal Application, the proceedings bearing Criminal Miscellaneous Application No.620 of 2019 pending before the learned Judicial Magistrate First Class, Cantonment Court, Pune were stayed. As the Criminal Application is withdrawn, the said stay is vacated forthwith. As the said proceedings filed under the the Protection of Women from Domestic Violence Act, 2005 were stayed for a period of 10 months, learned Judicial Magistrate First Class, Cantonment Court, Pune is requested to dispose of the said Miscellaneous Application No.620 of 2019 expeditiously.

4.

The Criminal Application is allowed to be withdrawn and dismissed as such, subject to above.

(Madhav J. Jamdar, J.) {