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CR.MA/954520/2004 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9545 of 2004
=========================================
VIVEKANAND
SUDARSHAN DUBEY & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance
:
MR HORMAZ B
SHETHNA for Applicant(s) : 1 - 4.
MR DC
SEJPAL, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
MR CHIRAG
PATEL for MR BS PATEL for Respondent(s) : 2,
MRS RANJAN B PATEL
for Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 19/03/2009
ORAL
ORDER
Heard
learned advocate Mr. Hormaz Shethna for the applicant and learned
advocate Mr. Chirag Patel for learned advocate Mr. B.S. Patel for
respondent No. 2.
2. Learned
advocate Mr. Shethna places on record the decree passed by the Civil
Judge (S.D.), Vadodara under sec. 13-B of the Hindu Marriage Act by
which the parties have settled for consent divorce and the decree is
passed. He further states that as recorded in the proceedings as
well as in the order, the parties had agreed to mutually withdraw or
not to press the civil as well as criminal proceedings against each
other and, therefore, the present complaint does not survive and the
present petition for quashing and setting aside the complaint may be
allowed to which learned advocate Mr. Chirag Patel appearing for
respondent No. 2 has no objection in view of the consent divorce.
Therefore,
in view of the decree for divorce by consent under sec. 13-B of the
Hindu Marriage Act, a copy of which is placed on record, the present
petition deserved to be allowed, and as stated and agreed upon by the
parties, mutually the cases are required to be withdrawn or not
pressed.
Therefore,
the present petition stands allowed. The complaint, being C.R. No.
I-220/2004 of Makarpura Police Station, Vadodara, is hereby quashed
and set aside.
Rule
is made absolute.
(Rajesh
H. Shukla, J.)
(hn)
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