Two joint writ petitions seeking quashing of FIRs were disposed of after the parties jointly requested it. The court noted the divorce based on mutual consent and fulfillment of terms, declaring the Rule absolute as per the prayer clause.
The Rule was declared absolute for quashing of the FIRs pursuant to the joint request of the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.443 OF 2019
Sanjay Anil Ahuja ...Petitioner vs. The State of Maharashtra and Anr. ...Respondents
AND
WRIT PETITION NO.472 OF 2019
Anil Madhavdas Ahuja ...Petitioner vs. The State of Maharashtra and Anr. ...Respondents
Mr. Abbas i/b Ms. Sneha Sanap for the Petitioner in WP No.443/2019. Mr. Laxman Kanal for the Petitioner in WP No.472/2019. Ms. S. D. Shinde, APP for the Respondent No.1/State in WP No.443/2019. Mr. S. R. Shinde, APP for the Respondent No.1/State in WP No.472/2019. Mr. Manoj Bhatia for the Respondent No.2.
CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ. DATE : 07/03/2019.
P.C.:
. Petitioner in Writ Petition No.443/2019 is the son of petitioner in Writ Petition No.472/2019. The complainant in both the matters is the wife of petitioner in Criminal Writ Petition No.472/2019. It is not in dispute that the Family Court at Bandra in Petition No.A-20/2017 on 14/12/2018 accepted the Consent Terms and marriage of the Petitioner Anil Ahuja with the complainant is dissolved under section 13(B) of Hindu Marriage Act. It is also not in dispute that as per the Consent Terms amount of Rs.30 Lakhs is already received by the complainant and necessary steps to complete transfer of right, title and interest in Residential Unit-407 described in paragraph No.9A of Consent Terms have already been taken. Actual transfer is to take place if the respective FIR's are quashed and set
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aside. Parties are accordingly present before the Court with their advocates and jointly request for quashing of FIR. Complainant has give her separate affidavit accepting the Consent Terms.
(REVATI MOHITE DERE, J.)
(B. P. DHARMADHIKARI, J.)
3 issues framed by the court
Whether the FIRs should be quashed given the fulfillment of consent terms and mutual request.
Whether the Rule should be declared absolute for quashing.
Whether the marriage dissolution under Section 13(B) impacts the quashing request.
1 provisions across 1 enactments
Sanjay Anil Ahuja
Anil Madhavdas Ahuja
The State of Maharashtra
B. P. Dharmadikari
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
