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Bombay High CourtWP/5155/2018rule absolute

Manoj Padmanabhan Nair And ORS. v. Anita Manoj Nair And ANR.

2019-02-05Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

wp.5155.18.27.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5155 OF 2018 Manoj Padmanabhan Nair & Ors.

...Petitioners

Versus

Anita Manoj Nair & Anr.

...Respondents

Mr. Rahul D. Motkari for the Petitioners Mr. V. Narayanan i/b Ms. Anisha Narayanan for the Respondent No. 1 Mr. Avinash D. Kamkhedkar, A.P.P for the Respondent No.2-State CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

TUESDAY, 5 th FEBRUARY 2019 P.C. :

Petitioner No.1/accused and respondent No.1/complainant are present with their respective advocates and jointly request for quashing of the criminal case being S.C. No. 102 of 2014.

Along present petition, copy of consent terms filed in matrimonial dispute A-132 of 2014 are annexed. Respondent No. 1 today has handed over an affidavit which reiterates the same.

SQ Pathan 1/2

wp.5155.18.27.doc It appears that proceedings for dissolution of marriage by mutual consent are already initiated on 2nd March 2017 and amount of Rs. 1,50,000/- payable to respondent No. 1 is also deposited by petitioners in Family Court.

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

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2