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Bombay High CourtWP/5717/2019rule absolute

Vasudeo Digambar Deshpande And ORS v. The State Of Maharashtra And ANR

2020-02-07Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

38-wp-5717.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5717 OF 2019 Shri Vasudeo Digambar Deshpande and Ors.

... Petitioners

Versus

The State of Maharashtra and Ors.

... Respondents Mr. Sachin Hande for the petitioners.

Mr. Ramesh Nandode for respondent no. 2.

Mr. K.V. Saste, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

FEBRUARY 07, 2020 P.C.:

Petitioners are present with their advocate. Respondent no.2 is present with her advocate. Learned APP appears for the State.

2.

Petitioners and respondent no. 2 are jointly requesting for quashing of the FIR under section 498A, 323, 504 read with 34 IPC.

3.

Petitioner no. 4 husband and respondent no.2 complainant have already moved for consent divorce and proceedings are pending in the Family Court, Pune. The consent terms have also been filed in that court. As per the consent terms, the amount of nilegaonkar 1/2

38-wp-5717.2019.odt Rs.62 lacs is already deposited by the petitioners in that court. Respondent no.2 has accordingly tendered affidavit on record. Orally also she has given no objection.

4.

In view of these developments and joint request, we make rule absolute in terms of prayer clause (a). FIR and Criminal case are accordingly quashed and set aside.

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2