Paritosh Ramshmkar Shukla And ORS. v. The State Of Maharashtra And ANR.

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4917 OF 2018 Paritosh Ramshamkar Shukla and Ors.

...Petitioners

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.Siddhsen Borulkar, for the Petitioners.

Ms.A.S.Pai, A.P.P. for the Respondent No.1 - State. Mr.Ateet Mhambrey, for the Respondent No.2.

CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 24th JANUARY, 2019 P.C. :

1.

Respondent No.2 - Complainant and Petitioners are present with their counsel and jointly request for quashing of FIRs which arise out of matrimonial discord.

2.

Respondent No.2 and husband have entered into Consent Terms which were produced before Metropolitan Magistrate Railway

2/3 Mobile Court at Andheri, Mumbai, in C.C.No.96/DV of 2016 on 9th October, 2018.

3.

Parties accordingly have also filed Petition under Section 13B of the Hindu Marriage Act on 24th October, 2018 in Family Court at Bandra, Mumbai, for Dissolution of Marriage. 4.

Respondent No.2 has today tendered Consent Affidavit in Court.

5.

Learned APP, however, has pointed out that in one matter the proceedings have reached upto Section 313 Cr.P.C. stage, while in the other matter recording of evidence of prosecution has already commenced. She, therefore, seeks reasonable costs for loss suffered by the public revenue. 6.

Considering the facts at hand, we are not inclined to order payment of such costs.

3/3 7.

Accordingly accepting joint request of parties, we make Rule absolute in terms of prayer clauses (a) and (b). REVATI MOHITE DERE, J.

B.P. DHARMADHIKARI, J.