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Vikas Suresh Dahiya vs The State Of Maharashtra on 17 January, 2019

8-wp-754.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 754 OF 2018

Vikas Suresh Dahiya … Applicant

Versus

State of Maharashtra and Ors. … Respondents

Mr. Vivek Joshi for the Applicant.

Mr. A.D. Kamkhedkar, APP for the respondent State.

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

DATE : JANUARY 17, 2019

P.C.:

Petitioner and respondent no. 1 are present before the court

with Advocate Joshi. They have also produced before us identity

card issued by Indian Navy and PAN card. Learned counsel states

that the photo copy of ‘Adhar’ card will be obtained and produced

during the course of the day. The documents have been verified by

the office of the Public Prosecutor. Parties jointly state that they

are residing together and wish to stay together in the interest of a

child. They therefore, jointly request for quashing of FIR No. 158

of 2017 Registered with Kamothe Police Station. Navi Mumbai.

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8-wp-754.2018.odt

F.I.R. is under section 506, 504, 323 and 498A. In support of their

joint statement they have also tendered affidavits today. The

dispute appears to be essentially matrimonial one.

2. The first informant has retired from the services of Indian

Navy while petitioner still continues to be in service.

3. In view of this position and joint statement made by the

parties, we accept their request and make the rule absolute in

terms of prayer clause (a). Consequently chargesheet R.C.C. No.

723 of 2018 on the file of 4 th Judicial Magistrate, First Class,

Panvel is also quashed and set aside.

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

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