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Bombay High CourtAPL/338/2014allowed to be withdrawn

Tejas @ Sunil S/O Manohar Sawake And 4 Others v. Chhaya Digambar Ganjare

2015-01-28Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application [APL] No. 338 of 2014 [Tejas @ Sunil son of Manohar Sawake & four others Vs. Chhaya Digambar Ganjare & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. J.B. Gandhi, Adv., for the Applicants.

Mr. V.A. Thakre, APP for respondent no.2.

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CORAM

:

A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATE :

28th January, 2015.

Heard.

It is not in dispute that the civil proceedings in the matter of matrimonial matter for divorce have yet not been completed. In our opinion, the competent court dealing with the matrimonial petition is the Court whose decree is binding on the parties. Unless and until the said proceedings are terminated, it is not possible to quash the FIR as prayed for in the present application even by consent of the parties or by way of compounding.

In view of the above, we make the following order:-

O R D E R

Criminal Application [APL] No. 338 of 2014 is allowed to be withdrawn with liberty to file a fresh application in the event of culmination of matrimonial proceedings before the competent Court.

Judge Judge |hedau|