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. )
