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Bombay High CourtAPL/151/2020rule absolute

Dinesh Ramnivas Somani And ORS v. The State Of Maharashtra And ANR

2020-02-25Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

46-apl-151.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 151 OF 2020 Shri Dinesh Ramnivas Somani and Ors.

... Applicants

Versus

State of Maharashtra and anr.

... Respondents Mr. Mohammed Kazi for the applicants.

Mr.Avesh A.K. Juwari for respondent no. 2.

CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & NITIN R. BORKAR, J.

DATE :

FEBRUARY 25, 2020 P.C.:

Applicants are landlords while respondent no. 2 is tenant. Out of the said dispute FIR was lodged and offences under section 447, 454, 380, 506 and 34 IPC were registered against the landlord. The dispute has been amicably settled between the parties and consent terms were drawn on 14/1/2020. 2.

As per consent terms, tenant has not claimed restoration of possession and the landlord have compensated him for the loss caused to food grains or other perishable articles stored in the tenanted premises.

3.

Respondent no.2 tenant is present in court and accepts the nilegaonkar 1/2

46-apl-151.2020.odt statement. Orally also he has expressed his desire not to prosecute the landlord.

4.

In view of this joint request, subject to landlords paying to Police Welfare Fund of the State of Maharashtra an amount of Rs. 10,000/- within two weeks from today, we make the rule absolute in terms of prayer clause (a).

(NITIN R. BORKAR, J.) (ACTING CHIEF JUSTICE) nilegaonkar 2/2