Rehan Rafiq Shaikh And ANR v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 16 OF 2022 Rehan Rafiq Shaikh & Anr.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Zeeshan Siddique for the Petitioners.

Mrs. M.M. Deshmukh APP, for the Respondent-State. Adv. Najma Sharif for the Respondent No.3.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 27th APRIL, 2023.

P.C.:- 1) In pursuance of Order dated 21st July 2022, learned Mediator has submitted his report in a sealed envelope. The said report is produced before this Court along with a covering letter dated 18th February, 2023, signed by the Deputy Registrar, Mediation Center, High Court Mumbai. The said envelope is opened in Court.

The Mediator's report is accompanied with Consent Terms dated 27th February, 2023 duly signed by the Petitioner No.1 and Respondent No.3.

Clause No.6(c) of the said Consent Terms dated 27th February, 2023 provides for quashing of R.C.C. No.1138 of 2017 pending on the file of learned Judicial Magistrate First Class, Cantonment Court, Pune arising 1/2

ssm 2 29-wp16.22.doc out of C.R. No.379 of 2017 dated 21st September, 2017 registered with Kondhawa Police Station, Pune under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code. 2) Learned Advocate for the Respondent No.3 has tendered across the bar an Affidavit dated 27th April, 2023 of Respondent No.3, duly affirmed before a Notary Public. In paragraph No.5 of the said Affidavit, she has given her 'no objection' for quashing of said R.C.C. No.1138 of 2017 pending on the file of learned Judicial Magistrate First Class, Cantonment Court, Pune arising out of C.R. No.379 of 2017 dated 21st September, 2017 registered with Kondhawa Police Station, Pune. 4) In view thereof, Petition is allowed in terms of prayer clauses (b) and (c).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2023.05.08 16:08:26 +0530 SANJIV SHARNAPPA MASHALKAR 2/2