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Bombay High CourtAPL/1312/2018rule absolute

Alpesh Ratilal Chagali And ORS v. The State Of Maharashtra And ANR

2019-01-25Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

3 apl 1312-18=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1312 OF 2018 Mr. Alpesh Ratilal Chagali & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents ---------------- Mr. Gaurav Thote for the Applicant.

Smt. A.S. Pai, APP for Respondent/ State.

Mr. Keral Mehta for the Respondent No.2.

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

DATE : 25th JANUARY, 2019 P.C.:

1.

Petitioner No.1 is present with his Counsel and Respondent No.2 complainant is present with her Advocate. Learned APP appears for Respondent No.1. Parties jointly request for quashing of FIR No. 142 of 2014 and CC No. 153/PW/2016 in 64th Court of Metropolitan Magistrate, Esplanade, Mumbai.

2.

Respondent No.2 present before Court points out that affidavit accepting the compromise is already filed on record of present proceeding on 29.10.2018.

3.

Parties point out that they have filed Petition No. A-1147/2015 in Family Court at Bandra under Section 13B of Hindu Marriage Act wherein Consent Terms are already presented.

Sneha Chavan 1/2

3 apl 1312-18=.doc 4.

As per those Consent Terms, Applicant No.1 has deposited amount of Rs.7,00,000/- with Family Court.

5.

We have perused Consent Terms.

6.

In view of this development, accepting joint request, we make rule absolute in terms of prayer clause (a).

(REVATI MOHITE DERE, J.) (B.P.DHARMADHIKARI, J.) Sneha Chavan 2/2