Nitya Venkatesh Konde And ORS v. The State Of Maharashtra And ANR

911 wp 2786.13.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2786 OF 2013 Nitya Venkatesh Konde and ors.

.....Petitioners versus The State of Maharashtra and anr.

.....Respondents Ms. R. S. Rajput i/b. Mr. S. G. Rajput, advocate for the petitioner. Mr. Suhas Kharat, advocate for the respondent No.2. Mrs. M. M. Deshmukh, APP for the State.

CORAM : RANJIT MORE & SARANG V. KOTWAL, JJ.

DATE : 22nd JUNE, 2017.

P. C. :

The petition is filed for quashing the proceedings of the subject criminal case by consent. The original complainant/respondent No.2 has filed an affidavit giving her no objection for quashing the subject criminal case. However, she is not present before the Court today. The learned counsel for the original complainant/respondent No.2 states that the complainant is married and is not responding to her.

2.

In the absence of the complainant, we are not able to verify whether the "No Objection" given by her is voluntary or by force. In the circumstances, we are not inclined to entertain the petition and the same is, accordingly, dismissed.

3.

It is made expressly clear that we have not gone into the merits of the matters, and all rights and contentions of the respective parties are kept open.

(SARANG V. KOTWAL, J.) [RANJIT MORE, J.] Shubhada S Kadam 1/1