Manoj S/O. Pramodkumar Jyotishi ... vs The State Of Maharashtra Thr. ...
2017 Latest Caselaw 1828 Bom

                                                       1                             18042017  judg. apl.254.17.odt 

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                  NAGPUR BENCH : NAGPUR.

                                  Criminal Application (APL) No.254 of 2017

            1]       Manoj s/o Pramodkumar Jyotishi,
                     aged 42 years, Occ.- Private Service,

            2]       Mrs. Kajol w/o Manoj Jyotishi,
                     aged 30 years, Occ.- Service, 
                     R/o.-C/o. B.C. Roy, Plot No.245, Prakash Nagar, 
                     Bhande Plot Squre, Umrer Road, Nagpur.

            3]       Smt. Smurti Pramodkumar Jyotishi,
                     aged 65 years, Occ.-Household,
                     Both 1 and 3 R/o.-M.B. Town II, 
                     Bungalow No.136, Ganpati Nagar, Napur.

            4]       Mrs. Madhuri w/o Mrunal Chaterjee,
                     aged 45, Occ. Service,

            5]       Mrunal s/o Kshitendu Chaterjee,
                     aged 50 years, Occ.- Service,
                     Both 4 and 5 R/o. Plot No. 95, M.B. Town, 
                     Zingabai Takli, Nagpur.

            6]       Mrs. Mukti w/o Vinay Thakur,
                     aged 41 years, Occ.-Household,

            7]       Vinay s/o Harendranath Thakur,
                     aged 44 years, Occ.-Business
                     Both 6 and 7 R/o Plot No.17 Gedam Layout, 
                     Bhamati, Nagpur.                                                   .... Applicants




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                                                        2                             18042017  judg. apl.254.17.odt 

                                                              Versus

            The State of Maharashtra,
            through P.S.O.  P.S. Gittikhadan, Nagpur.                 .... Non-applicant
            ---------------------------------------------------------------------------------------------------------------
                             Mrs. P.M. Chandekar, Advocate for applicant no.1/husband.
                                       Shri  Roy, Advocate for applicant no.2/ wife.
                                              Shri  Sirpurkar, Addl.PP for State.
            ---------------------------------------------------------------------------------------------------------------
                                            Coram : B.P. Dharmadhikari  &
                                                          V.M. Deshpande, JJ.

th Dated : 18 April, 2017.

ORAL JUDGMENT (Per B.P. Dharmadhikari, J.)

Learned Advocate Mrs. Chandekar appears for applicant

no.1/husband and learned Advocate Shri Roy appears for applicant

no.2/wife.

2] Both the parties are also present.

3] It is not in dispute that in Petition Nos. A-1347 of 2015, A-89 of

2016 and B-31 of 2016, the Family Court No.4, Nagpur has recorded

the 'Mediation Terms' on 28-02-2017.

4] As per the settlement between the parties two proceedings are

already withdrawn by applicant no.2/ wife. In remaining matter, the

decree of divorce is to be passed and the amount deposited by

3 18042017 judg. apl.254.17.odt

applicant no.1/husband is to be withdrawn by applicant no.2/wife after

withdrawal of the criminal proceedings.

5] Accordingly, the parties have filed the present Criminal

Application (APL) under Section 482 of the Code of Criminal

Procedure, 1973, jointly.

6] The learned Additional Public Prosecutor appears for the

respondent-State.

7] As the 'Mediation Terms' are already recorded before the Family

Court No.4, Nagpur, in view of the joint request made by the parties

through their respective Advocates, we make Rule absolute in terms of

prayer clauses (i) and (ii) of the Criminal Application (APL).

8] Criminal Application (APL) is thus allowed and disposed of.

                                               JUDGE                                     JUDGE   
                                  




            Deshmukh