Vijay Mohanlal Makhija And Anr vs The State Of Maharashtra And Anr
2022 Latest Caselaw 11480 Bom

                                                                       912.WPST 17946-2022.doc
          Digitally signed
          by RUPALI
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          2022.11.14
          16:58:10 +0530




                                     CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL WRIT PETITION (ST) NO. 17946 OF 2022


                      Vijay Mohanlal Makhija & Anr                    ...Petitioners
                           Versus
                      The State of Maharashtra & Anr                  ...Respondents


                      Mr.Raviraj Gamare for the Petitioners.

                      Ms. M.H.Mhatre, A.P.P for the Respondent-State.


                                              CORAM : REVATI MOHITE DERE &
                                                      R. N. LADDHA, JJ.

DATE : 11th NOVEMBER, 2022

P.C. :

1. Heard learned Counsel for the petitioners.

2. Learned Counsel for the petitioners submits that the

matrimonial dispute was amicably settled between the applicant

No.1's son - Dhiraj Vijay Makhija and the respondent No.2. He

submits that pursuant to the settlement, a petition was filed seeking

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912.WPST 17946-2022.doc

divorce by mutual consent under Section 13(B) of the Hindu Marriage

Act.

3. Learned Counsel relied on paragraph 8 of the said petition

evidencing payment of Rs.22,00,000/- by way of permanent alimony

past, present and future to the respondent No.2. Learned Counsel

submits that pursuant to the said petition, the learned Civil Judge,

Senior Division, Kalyan, was pleased to allow the said petition and as

such, dissolved the marriage of the parties i.e. Dhiraj Vijay Makhija

and the respondent No.2 vide Judgment and Order dated 21 st June,

2017. Learned Counsel submits that in para 4 of the said Judgment

and Order, the learned Judge has recorded that the respondent No.2

has received a sum of Rs.22,00,000/- and that parties have agreed to

withdraw all the criminal and civil cases filed by them against each

other and / or their family members. He submits that despite the

same, the respondent No.2 is not coming forward for giving her

consent for quashing of the said complaint.

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912.WPST 17946-2022.doc

4. Issue notice to the respondents returnable on 20th

December, 2022. Learned APP waives notice on behalf of the

Respondent No.1-State. In addition to Court notice, learned Counsel

for the petitioner to serve the respondent No.2, by private notice

and file affidavit of service before the next date.

5. Notice to indicate, that an endevour shall be made to

dispose of the aforesaid petition, at the stage of admission.

6. In the meantime, till the next date, the proceedings before

the trial Court i.e. pending before the learned Metropolitan

Magistrate, Ulhasnagar, being RCC No. 261 of 2015, is stayed.

            R. N. LADDHA, J.                            REVATI MOHITE DERE, J.




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