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Bombay High CourtAPL/147/2016rule absolute

Mangesh S/O Gaurishankar Dongre And Another v. State Of Maharashtra Through Police Station Officer, P. S. Nagpur

2016-03-04Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

apl147.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.147 OF 2016 Mangesh Dongre and anr ..vs..

State of Mah., thr Police Station Officer, Hudkeshwar PS Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri M.B. Naidu, counsel for Applicant No.1.

Shri Manish Gupta, counsel for Applicant No.2. Shri S.M. Uike, Addl.P.P. for the Non-applicant/State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : MARCH 4, 2016.

Heard.

Applicant No.1-husband and applicant No.2-wife have jointly filed these proceedings for quashing of Criminal Case No.1674 of 2013 under Section 498-A read with Section 34 of the Indian Penal Code on the file of learned JMFC, Corporation Court No.2, Nagpur and FIR in Crime No.8 of 2013 registered at Hudkeshwar Police Station.

The applicants are present with their respective counsel.

Applicant No.1-husband is identified by learned counsel Shri M.B. Naidu and applicant No.2 is identified by learned counsel Shri Manish Gupta.

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apl147.16 The parties state that the matrimonial dispute has been amicably settled and accordingly the proceedings initiated before the Family Court by applicant No.1-husband have been converted into the proceedings for grant of decree of divorce by mutual consent. Those proceedings are coming up for suitable orders today before the Family court. The agreed amount is already deposited with the Family Court and applicant No.2-wife can withdraw it after the decree of divorce is passed by the Family Court.

The copy of compromise reached between the parties before the co-ordinator at Family Court at Nagpur is produced on record and it is not in dispute. A receipt showing deposit of amount of Rs.5.00 Lacs in that Court is also produced on record.

In view of these documents and as jointly requested by the parties, we make the rule absolute in terms of prayer clause (1) of the criminal application.. Accordingly, Criminal Case No.1674 of 2013 and FIR in Crime No.8 of 2013 are quashed and set aside.

JUDGE JUDGE !! BRW !!

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