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Bombay High CourtWP/3992/2016others disposed off

Harminder Balbir Singh Saini And ORS v. The State Of Maharashtra

2016-12-01Hon'Ble Shri Justice V.M. Kanade,Hon'Ble Ms. Justice Nutan D. Sardessai2 pages

1/2 WP/3992/2016 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3992 OF 2016 Mr. Harminder Balbir Singh Saini & 6 Others ..... Petitioners.

V/s State of Maharashtra and Anr.

..... Respondents.

--- Ms. Rajlaxmi Punjabi i/b Krupali Rajani for the Petitioners.

Mr. Vineet Sukumaran for the Respondents.

Mrs. M.H. Mhatre, APP for State.

---- CORAM: V. M. KANADE & MS. NUTAN D. SARDESSAI, JJ.

DATE:

1st December, 2016 P.C.:- 1.

This Petition is filed for quashing the criminal complaint filed by wife against the husband and in-laws by consent. Wife is present in Court. She has informed us that she has no objection if the complaint is quashed. Both the parties have agreed to take divorce by mutual consent and the matter is fixed in the Family Court on 06/12/2016. 2.

Respondent/wife has filed an affidavit in these proceedings giving her consent for quashing the criminal proceedings lodged by us. 3.

In view of the judgment of the Supreme Court in B.S. Joshi vs.

2/2 WP/3992/2016 State of Haryana1, we are of the view that quashing of the complaint appears to be in the best interest of the wife and her parents as also husband and his parents.

Writ Petition is therefore allowed in terms of prayer clause (b). Charge-sheet arising out of C.R. No.921 of 2014 pending in Court Room No.2, Vashi, Belapur in respect of the case between the Petitioners and Respondents is also quashed. 5.

Writ Petition is accordingly disposed of in the aforesaid terms. (MS. NUTAN D. SARDESSAI, J. ) (V.M. KANADE, J.) 1 (2003) 4 SCC 675