Bombay High Court
Dhiraj Vijaykumar Makhija vs State Of Maharashtra And Anr on 14 February, 2023
Author: Sandeep V. Marne
Bench: Revati Mohite Dere, Sandeep V. Marne
904-WP-498-2023.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.498 OF 2023
Dhiraj Vijaykumar Makhija ] Petitioner
Vs.
State of Maharashtra and another ] Respondents
.....
Mr. Nikhil K. Chaudhari, for Petitioner. Mr. K.V. Saste, A.P.P, for Respondent No.1-State.
.....
CORAM : REVATI MOHITE DERE & SANDEEP V. MARNE, J.J. DATE : 14th FEBRUARY, 2023.
P.C.
1. Heard learned Counsel for the petitioner.
2. The petitioner is the husband of the respondent No.2.
3. Learned Counsel for the petitioner submits that the dispute has been amicably settled between the petitioner and the respondent No.2, and that, pursuant to the settlement, a petition is filed before the Kalyan Court under section 13 (B) of the Hindu Marriage Act, seeking divorce by mutual consent. He submits that the marriage of the parties i.e the petitioner and the respondent No.2 has been dissolved by the learned Civil Judge Senior Division vide judgment 1 of 3 Digitally signed by SHAILAJA SHAILAJA SHRIKANT 904-WP-498-2023.doc and order dated 21st June, 2017. He further submits that in paragraph 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 the parties have agreed to withdraw all the criminal and civil cases filed by them against each other and/or their family members. Despite the aforesaid, respondent No.2 is not coming forward to give her consent for quashing of the said complaint.
4. Issue notice to the respondents returnable on 5th April, 2023.
5. Learned A.P.P waives notice on behalf of respondent No.1 - State and seeks time to take instructions.
6. In addition to the 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.
7. Notice to indicate that an endeavour shall be made to dispose of the aforesaid petition finally, at the stage of admission.
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8. Learned A.P.P assures that the concerned officer of the concerned Police Station will take all steps to inform the respondent No.2 of the next date so as to ensure the presence of the respondent No.2 on 5th April, 2023.
9. Having regard to what is stated aforesaid, in the meantime, till the next date, the Police shall not file charge-sheet as against the petitioner. No coercive steps shall be taken against the petitioner, till the next date.
10. The aforesaid petition to be tagged alongwith Criminal Writ Petition (Stamp) No.17946 of 2022.
[SANDEEP V MARNE, J.] [REVATI MOHITE DERE, J.] 3 of 3