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Ketan Vijay Mutekar vs The State Of Maharashtra And Anr on 7 February, 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 5209 OF 2018

Ketan Vijay Mutkekar .Petitioner

Vs.

The State of Maharashtra anr. .Respondents

WITH
CRIMINAL APPLICATION NO. 52 OF 2015

Mrs. Rashmi Ketan Mutkekar .Applicant

Vs.

The State of Maharashtra anr. .Respondents

Mr. J. Thakker, Advocate, for the Petitioner in W. P. No. 5209 of 2018
Mr. Makrand Panchakshari, Advocate, for the Applicant in Cri.
Appln. No. 52 of 2015 for Respondent No. 2 in W. P. No.5209 of 2018
Dr. F. R. Shaikh, APP, for the Respondent No. 1 – State in both matters
Ms K. H. Rajani, Advocate, for the Respondent No. 2 in Cri.Appln. No. 52 of 2015

CORAM : B. P. DHARMADHIKARI
REVATI MOHITE DERE, JJ.

DATE : 07.02.2019

. Prayer is to quash and set aside FIR essentially under
Section 498A jointly. Out of very same matrimonial discord, one
more FIR was filed by the sister-in-law of Complainant in present
matter. The Complainant has approached this Court in Cri. Appln.
No. 52 of 2015 for quashing it.

2. Complainant – Mrs. Rashmi is the wife while

Petitioner in W. P. No. 5209 of 2018 Mr. Ketan is the husband.

3. Cri. Appln. No. 52 of 2015 was not on board today.

However, on joint request, we have taken it up.

4. Parties jointly request that entire dispute between

them is amicably settled and accordingly, a joint Petition under

Section 13B of the Hindu Marriage Act, 1955 vide Marriage

Petition No. 376 of 2018 is already filed in Family Court at Thane.

Parties also state that Consent Terms are already tendered in

those proceedings.

5. Respective Complainants are present before this Court

and are identified by their counsel. Both Complainant state that in

view of settlement, they are not willing to prosecute the criminal

matters further.

6. They have accordingly given their Affidavits. The Affidavits are taken on record.

7. In view of joint request made, we make rule absolute in terms of prayer clause (a) in both the matters. Mr. Makrand Panchakshari, Advocate is given time till end of day to place Vakalatnama of Complainant on record.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J. )

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