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Bombay High CourtAPL/1589/2019rule absolute

Rahul Appasaheb More And ORS v. The State Of Maharashtra And ANR

2019-12-16Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

32-apl-1589.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1589 OF 2019 Rahul Appasaheb More and Ors.

... Applicants

Versus

The State of Maharashtra and anr.

... Respondents Mr. Dharmendra Damani for the applicants.

Dr. F.R. Shaikh, APP for the State.

CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

DECEMBER 16, 2019 P.C.:

Petitioner no. 1 is present with his advocate. Respondent no. 2 is present in person. She is identified by petitioner no.1 as also his advocate. Advocate Dharmandera Damani states that he is appearing for the petitioners in Family Court matter also and therefore, knows respondent no. 2. Respondent no. 2 has given separate affidavit stating that she has no objection to quash and set aside the FIR. She accepts that the amount of Rs. 12 lacs to be received by her is already deposited by the petitioners in Family Court, Bandra. Respondent no. 2 states that she is presently staying with her parents. In this situation, in view of the joint request made, we quash and set aside the FIR which is nilegaonkar 1/2

32-apl-1589.2019.odt under sections 498A, 504 and 323 read with 34 IPC. Rule is made absolute accordingly in terms of prayer clause (b). (NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2