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Bombay High CourtWP/5470/2019rule absolute

Jitendra Bhawarlal Solanki And ORS. v. The State Of Maharashtra And ANR.

2019-11-28Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

31.wp5470.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5470 OF 2019 Mr. Jitendra Bhawarlal Solanki & ors.

...Petitioners.

Versus

The State of Maharashtra & anr.

...Respondents.

Mr. Mikdad Aziz Zummerwala i/b. Poonam Ankleshwar, advocate for petitioners.

Mr. Ashwin R. Rana, advocate for respondent No. 2. Mr. Deepak Thakre, PP a/w. Mr. K.V. Saste, APP for State. CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 28, 2019.

P.C.:

The parties are jointly requesting for quashing of FIR and charge-sheet which have arisen essentially out of matrimonial dispute. Consent Terms reached between the parties were tendered in pending proceedings before Family Court Petition No. A-223 of 2016 which thereafter has been converted into one for grant of decree of Divorce. It is still pending.

As per Consent Terms, amount of Rs. 15 Lakhs is to be paid to respondent No. 2. Same has been paid by demand Talwalkar

31.wp5470.19.doc draft in court today.

Affidavit is also filed by respondent No. 2 giving no objection.

In this situation, accepting joint request, we make rule absolute in terms of prayer clause (i).

(SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar