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CR.MA/3859/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3859 of 2010
=============================================
MUKESH
HARILAL SONI & 3 - Applicant(s)
Versus
JYOTI
MUKESH SONI & 1 - Respondent(s)
=============================================
Appearance :
MR
NIRAV C THAKKAR for Applicant(s) : 1 - 4.
None for Respondent(s) :
1,
PUBLIC PROSECUTOR for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/04/2010
ORAL
ORDER
Learned
advocate for the applicants submitted that in view of the earlier
proceedings pending before the learned Magistrate, a compromise was
arrived at and the applicant agreed to deposit Rs.2,51,000/- in the
court upon the decree of divorce being passed in the Family Court and
the petitioner abided by the above order and deposited the said
amount, but subsequently the respondent No.1 submitted an application
to withdraw the above amount, which was refused by the learned
Magistrate on the ground that the decree of divorce was not passed.
The impugned complaint in these proceedings is subsequent to the
above proceedings and nothing but an abuse of process of law.
In
view of the above, issue notice returnable on
05.05.2010.
In
the meanwhile, impugned proceedings arising out of Protection of
Women from Domestic Violence Act, 2005 at Annexure-H shall remain
stayed.
[Anant
S. Dave, J.]
*pvv
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