Rajesh Dhirajlal Shah And ORS. v. State Of Maharashtra And ANR.

ssm 1 9-wp306.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 306 OF 2022 Rajesh Dhirajlal Shah & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Suvarna Avhad Vast a/w Adv. Manali Sohoni i/by Adv. Rahul Dingankar for the Petitioners.

Mr. S.S. Hulke APP, for the Respondent-State. Mr. Saurabh Gaikwad for the Respondent No.2.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 3rd AUGUST, 2023.

P.C.:- 1) Learned Advocate for the Respondent No.2 submitted that, the Demand Draft of Rs.3,00,000/- issued by the Petitioner No.1 has been honoured.

2) Learned Advocate for the Petitioners on instructions submitted that, all the terms and conditions of Memorandum of Consent Terms dated 14th January, 2021 filed in D.V. No.33 of 2014 before the Metropolitan Magistrate 30th Court, Mumbai have been complied with. Respondent No.2 has filed Affidavit dated 27th July, 2023. In paragraph Nos.7 and 8 thereof she has given her consent for allowing the prayer made in the Petition and given her consent for quashing of CC No.4900434/PW/2014 pending on 1/2

ssm 2 9-wp306.22.doc the file of Metropolitan Magistrate, 50th Court, Vikhroli, Mumbai. 3) Learned Advocate for the Respondent No.2, on instructions reiterats the contents of her Affidavit dated 27th July, 2023 and gives 'no objection' of her for quashing of the said case. 4) In view of the above, Petition is allowed in terms of prayer clause (a).

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2023.08.04 11:07:19 +0530 SANJIV SHARNAPPA MASHALKAR 2/2