Arnab Arunkumar Karmarkar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 776 OF 2021 Arnab Arunkumar Karmarkar .. Applicant

Versus

Suchi Acharya .. Respondent ...

Mr.Kedar J. Patil for the applicant.

Mr. S.R. Agarkar, APP for the State.

Mr.Kushal Mor with Kunal Bilaney for the intervenor CORAM: BHARATI DANGRE, J.

DATED : 25th NOVEMBER, 2021 P.C:- During the pendency of the present Application, where the applicant husband is granted protection from arrest, on being arraigned as an accused in C.R.No.077/2020 registered with Wanowarie police station Pune, by order dated 16th October 2020, the applicant and the respondent no.2 wife have settled their long drawn differences and arrived at consent terms. Today, during the course of hearing, the Consent Terms are placed before me which are inked by the applicant as well as respondent and their respective counsel. A copy of the Consent Terms is taken on record and marked as 'X' for identification.

2/3 901 ABA 776-21.doc Perusal of the Consent Terms would reveal that the various proceedings filed between the parties inter-se which are set out in paragraph no.1 of the Consent Terms would stand dispose off in view of the remaining clauses in form of the compensation as mentioned in clause (2) as well as the time lines which have been set out along with the arrangement being arrived at, as regards the custody of the child Aadrit, aged 7 years. Apart from this, in form of other terms, the parties have decided to bury their entire dispute leaving no traces behind and the terms to that effect are also included in the Consent Terms. Pertinent to note that since the Consent Terms would be disposed of, various proceedings pending between the parties and the Consent Terms contain a stipulation with the effect in paragraph no.

3 that the parties will file a Divorce Petition, seeking divorce by mutual consent before the Family Court at Pune on or before 29th January 2021, the Consent Terms shall be filed before the said Court and the learned Judge, Family Court at Pune would pass appropriate orders giving effect to the said Consent Terms.

As far as the present application is concerned, the applicant is already granted protection from arrest and in the wake of arrangement worked out between the parties reduced into writing and pursuant to which they are expected to make a

3/3 901 ABA 776-21.doc request for mutual divorce along with the terms and conditions which are agreed between themselves, the order dated 16th October 2020 is made absolute.

SMT. BHARATI DANGRE, J