Ankit Son Of Ramkripal Upadhyaya And ANR v. State Of Maharashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION by VASANT ANANDRAO IDHOL Date: 2023.10.30 18:31:50 +0530 CRIMINAL WRIT PETITION NO.4816 OF 2022 WITH INTERIM APPLICATION (STAMP) NO.19889 OF 2023 VASANT ANANDRAO IDHOL Ankit R. Upadhyaya & Ors.
...Petitioners
V/s.
The State of Maharashtra & Anr.
...Respondents
Mr.Digajmaan Mishra with Mr.Yashmaan Mishra i/b Brahmnand Lexis LLP for the Petitioners.
Ms.Sweta Yadav i/b Ms.Sayali Wani for Respondent No.2. Mr.Ankit Upadhyay - Petitioner present on V.C. Ms.Gargi Pathak - Respondent No.2 present on V.C. Ms.M.R. Tidke, APP for the State - Respondent. CORAM : RAJESH S. PATIL, J.
DATE :
26TH OCTOBER , 2023.
P.C. :- 1.
The Petitioners seek quashing of D.V. Complaint No.28 of 2022 registered with J.M.F.C. Third Court, Kalyan. 2.
By an order dated 5 January 2023 passed in this Petition, this Court issued notice only as regards Petitioner Nos.2 to 8 (who are in-laws of Respondent No.2 (original complainant). As far as the 1/18
Petition filed by Petitioner No.1 (husband), the same was termed as dismissed. Ad-interim relief in terms prayer clause (b) of the Petition was granted only as against Petitioner Nos.2 to 8. 3.
Thereafter by an order dated 17 October 2023, this Court recorded that Petitioner No.1 (husband) and Respondent No.2 (wife), has settled the dispute and by consent sought to quash and set aside the D.V. Complaint . However, since the earlier order passed in this Writ Petition on 5 January 2023 recorded that the Petition is dismissed as against Petitioner No.1, permission was granted to file appropriate application to seek recall of the order dated 5 January 2023, only for the purpose of restoration of the Writ Petition as far as Petitioner No.1 was concerned.
4.
Petitioner No.1 has now filed Interim Application (Stamp) No.19889 of 2023. The said Interim Application is seeking prayer that the order dated 5 January 2023 be recalled to the extent that the Petition against Petitioner No.1 be restored back to the file of this Court. So also Interim Application is seeking that the Petition be decided after restoration, pursuant to the consent affidavit of Petitioner No.1 (husband) and Respondent No.2 (wife). 2/18
5.
In the Interim Application, it has been stated by the parties that Petitioner No.1 (husband) and Respondent No.2 (wife) have settled their dispute amicably and have no objection if the present Writ Petition is allowed and the proceedings in D.V. Act are quashed and set aside. It is further stated that on 17 October 2023, Petitioner No.1 (husband) and Respondent No.2 (wife) were personally present in this Court, however, the matter could not be taken up for hearing. To the Interim Application, the consent affidavit of Petitioner No.1 (husband) dated 17 October 2023 and the consent affidavit of Respondent No.2 (wife) dated 17 October 2023 are annexed. 6.
For ease of reference, the consent affidavit of Petitioner No.1 (husband) and Respondent No.2 (wife) are reproduced hereinbelow :
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7.
Mr.Mishra, Advocate for the Petitioners is attending this hearing online . Mr.Mishra states that his client - Petitioner No.1 (husband) is also attending this hearing online. 8.
Ms.Yadav holding for Advocate Ms.Wani for Respondent No.2 states that her client - Respondent No.2 (wife) is also present online during the hearing of the proceedings. 9.
Both the counsel identified the signatures of their respective clients on the consent affidavits. Both the counsel also submitted that they have explained the contents of the consent affidavits, to their respective clients.
10.
Heard both the counsel. I have gone through the Interim Application. I am satisfied that case is made out to allow Interim Application (Stamp) No.19889 of 2023.
11.
The Interim Application is allowed in terms of prayer clauses (a) and (b).
12.
Therefore, case is made out to allow this Writ Petition. The Writ Petition is allowed in terms of prayer clause (a). Prayer clause (a) of the Writ Petition reads as under :- "(a) that this Hon'ble Court be pleased to issue a Writ of Mandamus / certiorari or a writ in the nature of Mandamus / certiorari or any other appropriate writ, direction or order to Respondent No.1 JMFC Court, Kalyan Appln 28 of 2022 & after going into 17/18
the legality, validity and propriety of the impugned action of the Respondent no.2, this Hon'ble Court be pleased to quash and set aside the impugned D.V. Complaint."
11.
There shall be no order as to costs.
(RAJESH S. PATIL, J.) 18/18