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Bombay High CourtWP/1140/2017allowed

Smt. Sweety W/O. Prashant Shende And Another v. The Police Station House Officer Dhantoli Police Station Nagpur And Others

2018-08-08Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.1140 OF 2017 (Smt. Sweety w/o Prashant Shende and another vs. The Police Station House Officer, Dhantoli Police Station, Nagpur and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri Y.V. Nayyar, Advocate for petitioners.

Shri S.J. Kadu, Additional Public Prosecutor for respondent nos.1 and 2.

Shri P.P. Kotwal, Advocate for respondent no.3. ------------ CORAM : P.N. DESHMUKH AND M.G. GIRATKAR, JJ.

DATED : AUGUST 8, 2018 Petitioner no.1 and respondent no.3, who are wife and husband respectively, are present along with their respective Counsel before this Court. This petition is filed by petitioner no.1 along with her mother as petitioner no.2 for issuance of writ of habeas corpus for grant of custody of child, namely, Rudra.

The petitioner no.1 and respondent no.3 make a joint statement that they are residing together for last one week and have settled all the disputes - whatsoever were in between them. It is also submitted that petitioner no.1 is now residing in the house of respondent no.3 at Nagpur and minor son Rudra is residing with them.

The petitioner no.1 also makes a statement that in view of above stated facts, she would withdraw

0808wp1140.17 2/2 all other proceedings, which are pending before Family Court and Judicial Magistrate, First Class concerning grant of custody of minor son Rudra and under the Protection of Women from Domestic Violence Act, 2005. The statements made by petitioner no.1 and respondent no.3 as aforesaid are accepted.

In that view of the matter, we find that there is no reason to keep present petition pending before this Court as the cause in the present petition no more survives.

The petition is, therefore, disposed of in the above terms. No order as to costs.

JUDGE JUDGE khj by Kamal Hundraj Jeswani Date:

2018.08.10 10:16:30 +0530 Kamal Hundraj Jeswani