1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1164 OF 2010 (Sanjay Suryakant Lagad .v. Mukta Sanjay Lagad and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.V. Sirpurkar, Advocate for the applicant. Shri A.B. Mirza, Advocate for respondent No.1. Smt. M.H. Deshmukh, APP for the respondent No.2/State. CORAM : PRASANNA B. VARALE, J. 28TH JANUARY, 2011. Heard. By way of present application, the applicant seeks quashment of the order dated 24.06.2010 passed by the learned JMFC, Telhara in Miscellaneous Criminal Application No. 109 of 2010 which was confirmed by the learned Additional Sessions Judge, Akot by order dated 12.07.2010. Being aggrieved by the said order, the present application is filed. Learned Counsel for the applicant invites my attention to the order passed by this Court on 2nd December, 2010. It was observed by this Court that the parties are exploring the possibility of settlement and accordingly respondent No.1/wife expressed her willingness to cohabit with the applicant. It was further observed by the Court that for few days, respondent No.1 cohabited with the applicant and then she left the house of the applicant and removed the children from the custody of the applicant. It was further observed by this Court that the act of the wife/respondent No.1 was not justified in removing the children from the custody of the applicant. Learned Counsel for respondent No.1/wife expressed her willingness to handover the custody of the children to the applicant. This Court further observed that respondent No.1 will be at liberty to approach the appropriate forum for seeking the custody of the children. Since respondent No.1 is ready to 2 handover the custody of the children to the applicant, this Court thought it fit to not pass any order in Criminal Application No. 1145 of 2010. The respondent No.1 filed pursis and it is stated in the pursis that in view of the order passed by this Court on 2nd December, 2010, the respondent No.1 intends to take appropriate steps. She further states in the pursis that she will not press the order dated 24.06.2010 passed by the learned JMFC. In view of the pursis filed on behalf of respondent No. 1, the order dated 24.06.2010 passed by the learned JMFC is quashed and set aside with liberty to the respondent No.1 to take appropriate steps/to take recourse to the remedies available under law as permitted by this Court vide order dated 2nd December, 2010. In view of the aforesaid facts, the application stands disposed of accordingly. JUDGE *rrg.