Rohit John Shenai And ORS v. Crystal Rohit Shenai And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.489 OF 2017 IN CRIMINAL WRIT PETITION NO.647 OF 2016 Rohit John Shenai and others ...

Applicants.

V/s.

Crystal Rohit Shenai and anr ...

Respondents Mr. Sanjay Bhojwani, for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 3RD APRIL, 2018.

P.C. :

1] Heard learned counsel for them applicants.

2] This application is preferred by the original petitioner seeking to redact the the names of the applicants and respondent No.1 in the judgment and order dated 2nd March, 2016, passed by this Court in Criminal Writ Petition No.647 of 2016. 3] It is submitted that the said Writ Petition came to be dismissed. However, the proceeding before the trial Court were unilaterally simplicitor withdrawn by respondent No.1 without any liberty. Thereafter the parties have settled all their disputes withdrawing all allegations made against each other and are divorced 1/3

by a Decree of Divorce by Mutual Consent. It is submitted that as the names of the parties appearing in the judgment and order dated 2.3.2016, it is causing severe prejudice to the applicants considering the allegations made by the Respondent No.1 against them in the original proceeding. The said judgment and order is available on the Internet simply on typing the names of any of the parties. Hence it is requested that the said names be redacted 4] Applicants have filed affidavit of service of notice of this application on the respondent No.1, however, she has not appeared. 5] Considering the fact that the matter is worked out and amicably settled between the parties and as the names of petitioners and respondent No.

1 are appearing in the judgment and are seen on the website of High Court, thereby definitely causing embarrassment to the applicants and also to respondent No.1, this application needs to be allowed, taking a sensitive view of the matter. 6] Accordingly, it is directed that in the cause title of the judgment and order dated 2nd March 2016, the names of petitioner Nos. 1, 2 and 3 be replaced by, "XXX", "YYY" and "ZZZ", respectively; whereas the name of respondent No.1 be replaced as, "ABC". 7] Similarly in paragraph No.6 in clause (a), in the names of sisters the word "Shenai" be deleted. In the same paragraph the name of the factory as "J & J. Dechane Laboratories Pvt.

replaced as "JJ Pvt. Ltd.".

8] The earlier judgment uploaded on the website of this Court be deleted and by making necessary corrections, corrected judgment be uploaded. The hard copy of corrected judgment be retained in the file.

9] Application is allowed and disposed off in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 3/3