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Bombay High CourtAPL/209/2023allowed

Santosh Dhanadas Kurup v. State Of Maharashtra And ANR.

2023-05-02Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

CAJ 18-(2)-Apl-209-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 209 OF 2023 Santosh Dhanadas Kurup ... Applicant V/s.

State Of Maharashtra And Anr.

... Respondents Mr. Nikhil Patil i/b Mr. Prabhakar M. Jadhav for Applicant. Mr. S. S. Hulke, APP for Respondent No.1-State. Mr. Sandip Mallick for Respondent No.2.

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

DATE : 2nd MAY, 2023.

P.C. :

1.

Learned counsel appearing for Applicant on instructions submitted that, Applicant has complied with the directions issued by this Court by Order dated 17th January, 2023 and has made full and final payment towards permanent compensation.

2.

Learned Advocate for Respondent No.2 has tendered across the bar an Affidavit dated 24th April, 2023 of Respondent No.2 duly affirmed before a Notary Public at Jhanshi, Uttar Pradesh. In para No.2 it is stated that, Respondent No.2 has received a sum of Rs.10,00,000/- (Rs. Ten Lakh Only) from the Applicant pursuant to the consent terms dated 16th September, 2022. In para No.3 thereof she has given her "no objection" for quashing of C.C. No. 347/PW/2016 pending on This Order is modified/corrected by Speaking to Minutes Order dated 20/06/2023. 1/2

CAJ 18-(2)-Apl-209-2023.odt the file of learned Metropolitan Magistrate, 34th Court, Vikhroli, Mumbai, arising out of C.R. No. 163 of 2015, registered with Tilak Nagar Police Station, Mumbai under Sections 498A, 494 and 506 of the Indian Penal Code.

3.

In view of the above, Application is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) This Order is modified/corrected by Speaking to Minutes Order dated 20/06/2023. 2/2