Dhiraj Bhimrao Pawar And ANR v. The State Of Maharashtra And ANR

P.H. Jayani 1/2 35 APL806.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 806 OF 2019 Dhiraj Bhimrao Pawar and anr.

... Applicants V/s.

The State of Maharashtra and anr.

... Respondents Mr. Himanshu S. Shinde for the Applicants.

Mr. Deepak Thakre, PP for the State.

CORAM

:

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

DATE :

10th FEBRUARY, 2020.

P.C. :- 1.

Respondent No.2 is present in person. She is identified by counsel for applicants as also applicant no.1. Applicant no.1 and respondent no.2 are jointly requesting for quashing of FIR under section 498(A) and 34 of IPC and consequential charge sheet. Matrimonial dispute between parties was pending in 4th Family Court in Bandra in M.P. No.A-838/2017. That Court has recorded Consent Terms on 17/06/2019.

2.

Respondent No.2 states that accordingly she has received an amount of Rs.1,00,000/-.

P.H. Jayani 2/2 35 APL806.2019.doc 3.

Applicants points out that an amount of Rs.2,00,000/- is deposited in Family Court and Rs.1,00,000/- more is to be deposited before that Court passes final decree. 4.

In this situation, as the payment is secured, we accept joint request and accordingly make rule absolute in terms of prayer clause (A).

5.

Consequential charge sheet is also therefore quashed and set aside.

Digitally signed by Preeti H.

Jayani Date:

2020.02.14 16:42:57 +0530 (N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) Preeti H.

Jayani