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Bombay High CourtAPL/754/2018rule absolute

Vikas Suresh Dahiya v. The State Of Maharashtra

2019-01-17Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

8-wp-754.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 754 OF 2018 Vikas Suresh Dahiya ... Applicant

Versus

State of Maharashtra and Ors.

...

Respondents Mr. Vivek Joshi for the Applicant.

Mr. A.D. Kamkhedkar, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE :

JANUARY 17, 2019 P.C.:

Petitioner and respondent no. 1 are present before the court with Advocate Joshi. They have also produced before us identity card issued by Indian Navy and PAN card. Learned counsel states that the photo copy of 'Adhar' card will be obtained and produced during the course of the day. The documents have been verified by the office of the Public Prosecutor. Parties jointly state that they are residing together and wish to stay together in the interest of a child. They therefore, jointly request for quashing of FIR No. 158 of 2017 Registered with Kamothe Police Station. Navi Mumbai. nilegaonkar 1/2

8-wp-754.2018.odt F.I.R. is under section 506, 504, 323 and 498A. In support of their joint statement they have also tendered affidavits today. The dispute appears to be essentially matrimonial one. 2.

The first informant has retired from the services of Indian Navy while petitioner still continues to be in service. 3.

In view of this position and joint statement made by the parties, we accept their request and make the rule absolute in terms of prayer clause (a). Consequently chargesheet R.C.C. No. 723 of 2018 on the file of 4th Judicial Magistrate, First Class, Panvel is also quashed and set aside.

(REVATI MOHITE DERE, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2