Haresh Moolchand Jain v. The State Of Maharashtra And ANR

53-cri-apl-615-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 615 OF 2019 Haresh M. Jain ... Applicant V/s.

The State of Maharashtra and anr.

... Respondents ---------------- Mr. Dhawan i/b Kiran Jain and Co. for the Applicant. Smt.S.D. Shinde, APP for the Respondent - State. Ms Swapna Kode for Respondent No.2.

----------------

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

JANUARY 15, 2020.

P.C.

1] Respondent No. 2 is present with her advocate Ms Swapna Kode.

2] Respondent No.2 states that she has no intention to give consent to quash FIR bearing C.R. No. 133 of 2019 since she has not cohabited with the applicant for a single day. 3] On 27th November 2019, we had adjourned matter to today to enable the parties to produce marriage registration certifcate.

Dinesh Sherla 1/2

53-cri-apl-615-19.doc 4] As respondent No.2 - complainant has withdrawn her consent, the present petition cannot be entertained. 5] We, however, leave all contentions of the applicant as also respondent No.2 on merits are open. Accordingly, we dispose of present petition.

(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) Dinesh Sherla 2/2