Shubhangi Bhushan Yende v. The State Of Maharashtra And ANR

rsk 1/2 2-APL-1430-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.1430 OF 2018 Shrikant Ulhas Pansare and Ors.

...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

WITH CRIMINAL APPLICATION (APL) NO.982 OF 2016 ---- Mr. Satyaram R. Gaud for the Applicant.

Mr.Shailesh Pansare in WP No.1430/2018 and 982/2016. for Respondent. Smt. S. D. Shinde, APP for the Respondent-State. ---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 11/01/2019.

P.C.:

.

These two proceedings are filed by the accused in very same FIR. Writ Petition No.982/2016 is not on board however on account of joint request made by parties, it is taken on record. 2.

Parties jointly seek quashing of FIR No.142/2016 under sections 498(A), 406 r/w. 34 of IPC. Respondent No.2(complainant ) is present and she has tendered separate affidavit giving no objection for the said. We find that consent terms arrived between parties were already presented to the Court of Metropolitan Magistrate (49th Court Vikhroli) in CC No.220/DV/2016 and even acted upon. Similarly Consent Terms were also presented in matrimonial dispute in Petition No.A-1578/2016 in Family Court at Bandra and the same is also recorded and acted upon.

rsk 2/2 2-APL-1430-18.doc 3.

In this situation accepting joint request made and in view of affidavit, we make rule absolute in terms of prayer clause (b) in both the matters.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)