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Bombay High CourtWP/3951/2016others disposed off

Indrajit Harbhajan Singh v. Laxmi Bholanath Kuril And ANR

2016-11-29Hon'Ble Shri Justice V.M. Kanade,Hon'Ble Ms. Justice Nutan D. Sardessai2 pages

913-WP-3951-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATTE JURISDICTION CRIMINAL WRIT PETITION NO. 3951 OF 2016 Indrajit Harbhajan Singh

...Petitioner

vs.

Laxmi Bholanath Kuril & another

...Respondents

......

Mr. Arun Rajput i/b. Ms. Anjali Patil for the Petitioner. Ms. Vaishali Jadhav for the Respondent No.1.

Mr. F. R. Shaikh, APP for Respondent No.2-State. ......

CORAM : V. M. KANADE AND Ms. NUTAN D. SARDESSAI, JJ.

DATE :

NOVEMBER 29, 2016 P.C.:

1.

This petition is filed for quashing of the criminal complaint filed by respondent no.1 bearing C.R. No.358/2015 registered at Antop Hill Police Station for the offence punishable under Sections 376(1) and 506 of the Indian Penal Code. Respondent No.1 is present in Court. She stated that she has no objection if the complaint is quashed. The petitioner and complainant/respondent no.1 were having a love affair and when the petitioner refused to marry her on account of objection of his parents, respondent no.1 filed a complaint under Sections 376(1) and 506 of the Indian Penal Code. After the complaint was filed, both the petitioner and respondent no.1 have married and are staying together. Both the petitioner and the respondent no.1 were security guards working at Lilawati Hospital, Vikrant Elgire 1/2

913-WP-3951-2016 where they fell in love with each other. We are satisfied that quashing of the complaint would be in the best interest of both, the applicant as well the respondent-wife.

2.

The respondent wife is present in Court. She has no objection if the complaint is quashed. In view of this, the Criminal Writ Petition is allowed in terms of prayer clause 4(i) subject to condition that after the respondent-wife delivers child in the month of February 2017, she should file a report in this Court as to whether the petitioner-husband is properly treating her.

3.

The Criminal Writ Petition is accordingly disposed of. (Ms. NUTAN D. SARDESSAI, J.) (V. M. KANADE, J.) Vikrant Elgire 2/2