The State Of Maharashtra v. Ashok Laxmidas Jobanputra And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.673 OF 2002 THE STATE OF MAHARASHTRA )...APPELLANT V/s.
ASHOK LAXMIDAS JOBANPUTRA AND ORS.)...RESPONDENTS Mr.Deepak Thakre, APP for the Appellant - State. Mrs.Chhaya Mukund Jobanputra - Respondent No.2 - appearing in person.
CORAM
:
ABHAY M. THIPSAY, J.
DATE :
25th AUGUST 2015.
P.C. :
Heard Mr.Deepak Thakre, the learned APP for the State.
In this matter, the respondents were prosecuted on the allegation of having committed offences punishable under Section 498A of the IPC and Section 406 of the IPC read with Section 37 of the IPC. They were convicted by the Magistrate, but on their avk 1/3
filing an appeal in the court of Sessions, were acquitted by the court of Sessions. Being aggrieved by the order of their acquittal, the State of Maharashtra has filed the present appeal. During the pendency of the appeal, the dispute between the First Informant and the respondents came to be amicably settled. The parties filed Consent Terms in the Family court and the First Informant had filed an application seeking permission to withdraw the appeal. However, such permission could not be granted, as the appeal had been filed not by the First Informant, but by the State. In view of the settlement arrived at between the parties, however, the learned APP was requested to seek appropriate instructions with respect to the withdrawal of the appeal.
The learned APP states that he has now received instructions from the government stating that there is no objection to withdraw the criminal appeal filed by the State. avk 2/3
It has already been observed that the disputes between the respondents and the First Informant have been amicably settled and the settlement has been recorded by filing Consent Terms in the Family court.
Considering the nature of the offence, in these circumstances, it would be proper to give permission to the learned APP to withdraw the appeal.
The appeal is allowed to be withdrawn and stands dismissed as such.
(ABHAY M. THIPSAY, J.) avk 3/3