Yeshwant Srinivas Mally And ORS v. Manjushri Madhav Nadkarni @ Manjushri Sandeep Mallya And ANR

1 (30)WP-3249-16.docx rkm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3249 OF 2016 Yeshwant Srinivas Mallya & Ors.

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Petitioners vs.

Manjushri Madhav Nadkarni & Anr.

] ..

Respondents Mr.Ashutosh Gole, for the Petitioner.

Mr.Hitesh Vyas, for Respondent No.1.

Mr.K.V. Saste, APP for the State.

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

DATE : 6TH DECEMBER 2019.

P.C.:

1] Father, sister and husband of sister of the accused have filed this Petition for quashing of FIR lodged by Respondent No.1-wife. FIR bearing No.I-184/2016 has been registered for the offences under Section 498A read with 34 of the Indian Penal Code.

2] As the accused have not filed any Petition, it appears that in the meanwhile, charge-sheet has also been presented in the trial court.

2 (30)WP-3249-16.docx 3] We grant oral leave to implead the accused/husband as Petitioner No.4 and amend prayer clause to incorporate prayer to quash and set aside the charge-sheet and criminal case. The amendment has been allowed since respondent No.1 and her Advocate have given no objection. Amendment to be carried out forthwith.

4] It appears that matrimonial dispute has been resolved and the Petition presented for divorce has been withdrawn. Not only this, but the other proceeding filed in MM Court under Domestic Violence Act has also been withdrawn.

5] Respondent No.1 is present in the Court and she has given her no objection orally for quashing of all criminal cases. The Affidavit sworn by her filed before the court is taken on record. 6] In this situation, we quash and set aside regular criminal case No.230/2018 on the file of Chief Judicial Magistrate, Thane as also FIR bearing No.I-184/2016 dated 12th July, 2016 against all the accused persons therein.

Rule is made absolute accordingly.

[N.R.BORKAR, J.] [B.P. DHARMADHIKARI, J.]