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Bombay High CourtWP/1309/2016others disposed off

Vishvesh S/O Kumar Gadekar And ORS v. Yuga W/O Vishvesh Gadekar And ANR

2018-04-19Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

905.cri-WP-1309-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 1309 OF 2016 Vishvesh Kumar Gadekar And Ors

...Petitioners

Versus

Yuga Vishvesh Gadekar And Anr

...Respondents

....

Mr. Tejesh Dande i/b. Tejesh Dande & Asso. for the Petitioners. Mr. Kedar J. Patil, Advocate for Respondent No.1. ....

CORAM : R. G. KETKAR, J.

DATE : 19th APRIL, 2018 P.C.

1.

Heard Mr. Tejesh Dande, learned counsel for the petitioners and Mr.Kedar Patil, learned counsel for respondent No.1. 2.

By this Petition under Article 227 of the Constitution of India, the petitioners have prayed for following reliefs : "(B) Quash the proceedings of Criminal Misc. Application No.6337/2014 pending in the Court of Judicial Magistrate First Class No.9, at Pune filed by the Respondent against the Petitioners under Section 12 of the Domestic Violence Act, 2005;

(C) Pending hearing and final disposal of this Criminal application grant stay to further proceedings of Criminal Misc. Application No.6337/2014 pending in the Court of Judicial Magistrate First Class No.9, at Pune filed by the Respondent against the Petitioners under Section 12 of the Domestic Violence Act, 2005, forthwith;"

1 / 2

905.cri-WP-1309-16.doc 3.

Mr. Dande has tendered a copy of email dated 12.3.2018 sent by the instructing Advocate Rohan Nahar from Pune requesting him to withdraw the Petition and further to direct the Court seized of the Domestic Violence case to dispose of the proceedings at the earliest. The said copy of email is taken on record and marked 'X' for identification. 4.

On the motion made by Mr. Dande, the Petition is allowed to be withdrawn and is disposed of as such. If the application for early disposal of the domestic violence case is made by the petitioners, the learned trial Judge will pass appropriate orders keeping in mind that the proceedings are filed in the year, 2014.

5.

Order accordingly.

(R. G. KETKAR, J.) Deshmane (PS) 2 / 2