Sanjay Suresh Betkar And ORS. v. Aarti Sanjay Betkar And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2955 OF 2018 Sanjay Suresh Betkar & Ors.

...Petitioners

Versus

Smt. Aarti Sanjay Betkar & Anr.

...Respondents

...

Mr. Sujit Pathak for petitioner.

Respondent No.1 present in Court.

Ms. M. H. Mhatre, APP for Respondent/State.

...

by DNYANESHWAR ASHOK ETHAPE Date: 2022.06.14 15:32:08 +0530 CORAM : S. S. SHINDE & DNYANESHWAR ASHOK ETHAPE MILIND N. JADHAV, JJ.

DATE : 13th JUNE, 2022 P.C.:

1.

Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties. 2.

The respondent No.1, who is present in the Court, submits that the petitioner No.1 and respondent No.1 have started residing together. Earlier, there was a dispute. However same has now been resolved and they have decided to reconcile which each other as per the consent terms. The petitioner No.1 is present before the Court. He stated that he will not create a situation which would give rise for further dispute. Dnyaneshwar Ethape, PA

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1st respondent has fled afdavit in reply. She has stated in para 4 of the said reply that she has arrived at reconciliation mutually out of her free will and consent and without any force or undue infuence. Since parties have settled the disputes amicably, no fruitful purpose will be served by continuing the proceedings bearing No. 20/PW/2013 arising out of FIR No.204 of 2012 registered with Charkop Police Station for the ofences punishable under Sections 49c8A, 406 and 34 of the Indian Penal Code, 1860.

4.

In that view of the matter, Writ Petition is allowed in terms of prayer clause -(b) which reads as under. "b. This Hon'ble Court by invoking powers u/s 226 of the Constitution of India and U/s 482 of Cr.P.C. be pleased to quash the proceedings bearing No. 20/PW/2013 pending before the Hon'ble Metropolitan Magistrate, 24th Court at Borivali, Mumbai arising out of FIR No. 204 of 2012 registered with the Charkop Police Station (Respondent No.2) at the instance of Smt. Aarti Sanjay Betkar - the Respondent No. 1 for the ofences punishable u/s 49c8A, 406 and 34 of the Indian Penal Code, 1860; "

5.

Rule made absolute in above terms and criminal Writ Petition stands disposed of accordingly.

(MILIND N. JADHAV, J.) (S. S. SHINDE, J.) Dnyaneshwar Ethape, PA