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Bombay High CourtWP/2077/2019rule absolute

Prayag Prabhakar Tanwade And ORS. v. The State Of Maharashtra And ANR.

2019-11-04Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

pmw 1/2 wp-2077.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2077 OF 2019 Prayag Prabhyakar Tanwade and Ors.

...Petitioners

Vs.

The State of Maharashtra

...Respondent

---- Mr. Dushyant Purekar for the Petitioners.

Mr. Aslam Khan for the Respondent No.2.

Smt. S.D. Shinde, APP for the Respondent - State. ---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 4th NOVEMBER 2019.

P.C.:

Petitioner No.1 - husband and Respondent No.2 - wife are present with their respective advocates. APP appears for Respondent No.1. Respondent No.2 - complainant has given no objection to prayer of petitions for quashing and setting aside of FIR and Criminal Case No.139 of 2015 with Virar Police Station.

It appears that consent terms are already ready between the parties and were presented in M.J. Petition No. A-2890 of 2015 in Family Court at Bandra.

Counsel for the Respondent No.2 states that in obedience to those terms amount of Rs.4,50,000/- is already deposited by husband in

pmw 2/2 wp-2077.19.doc that Family Court.

The Respondent No.2 has filed separate affidavit on same terms reiterating no objection. She is also present and orally indicated her no objection.

Parties have also filed proceedings for dissolution of marriage by mutual consent.

In this situation, accepting joint request, we make Rule absolute in terms of prayer clause (b).

(SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)