Rajendra Kunwarbahadur Srivastav v. The State Of Maharashtra And ORS

sng wp-3166.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3166 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Ms. Devki R. Sahu i/b Shri Ashok M. Saraogi for the Petitioner. Mrs.S.V.Sonawane, APP for the Respondent No.1. - CORAM :

A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ DATED :

15TH FEBRUARY 2017 P.C.:

1.

The learned counsel appearing for the Petitioner states that a Mediator has been appointed for settlement of the dispute between the Petitioner and the second Respondent. In the Synopsis and in the Petition, there are specific averments that the dispute has been amicably settled and the second Respondent has agreed to take divorce by mutual consent and agreed to give consent for quashing the First Information Report.

sng wp-3166.15 2.

However, from the statements made across the bar, it appears that there is no such settlement. Hence, we decline to entertain this Petition under Article 226 of the Constitution of India where the quashing is sought only on the ground of settlement. The Petition is, accordingly, disposed of.

3.

We make it clear that in the event, there is a complete settlement of the matrimonial dispute between the parties, we grant liberty to the Petitioner to file fresh Petition in that behalf in accordance with law.

(SMT. ANUJA PRABHUDESSAI, J) (A.S.OKA, J)