Abhishek Sabhapati Upadhyay And ORS v. The State Of Maharashtra And ANR

rsk 1/2 33-WP-5976-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5976 OF 2019 Abhishek Sabhapati Upadhyay and Ors.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

AND WRIT PETITION NO.5981 OF 2019 Swati A. Upadhyay

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

---- Swapna R. Kode for the Petitioners in WP No.5976/2019. Dr. F. R. Shaikh, APP for the Respondent/State. Mr. Rohan Mahadik a/w. Mr. Nilesh Lonkar for the Petitioner in Writ Petition No.5981/2019 and for Respondent No.2 in WP No.5976/2019. ---- CORAM : B. P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N. R. BORKAR, J.

DATE : 25/02/2020.

P.C.:

.

Writ Petition No.5981/2019 is not on board, however with consent and on joint request it is taken on board. The petitioner and the informant in respective matters are husband and wife. The reports are lodged out of matrimonial discord.

2.

In Criminal Writ Petition No.1970/2019 through mediation the matrimonial discord has been amicably settled. Consent Terms were then recorded. Learned Single judge of this Court has also thereafter taken note

rsk 2/2 33-WP-5976-19.doc of this Consent Terms and desire of parties to co-habit. 3.

Today both parties are present with their respective advocates. They separately state that they are residing together since 1/11/2019 and shall do so life long. Accordingly, affidavit giving no objection is filed by the informant in respective petition.

4.

In view of this development and joint request, we make rule absolute in terms of prayer clause (a) in Writ Petition No.5976/2019 and prayer clause(b) in Writ Petition No.5981/2019. (N. R. BORKAR, J.) (ACTING CHIEF JUSTICE)