Raj Prem Khilnani And ORS. v. Amit Shyam Gajwani And ORS.

Ethape 1 9-WP-466-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 466 OF 2021 Raj Prem Khilnani And Ors.

...Petitioners

Versus

Amit Shyam Gajwani And Ors.

...Respondents

....

Mr. Sahil Gulbani a/w Sai R. Kadam, Advocate for the Petitioner..

Ms. Ameeta K. Katariya a/w Hash Katariya for Respondent No.1 to 3.

by DNYANESHWAR ASHOK ETHAPE Date: 2022.08.23 14:27:15 +0530 DNYANESHWAR ASHOK ETHAPE Mr. A. R. Patil, APP for the Respondent - State. ....

CORAM : PRAKASH D. NAIK, J.

DATE : 22nd AUGUST, 2022 PC :

1.

Parties have settled the dispute. They have executed memorandum of settlement. Several matrimonial disputes were initiated by parties. In accordance with the settlement the proceedings were withdrawn.

2.

This petition relates to the quashing of the criminal proceedings initiated by respondent Nos. 1 to 3 for an ofence punishable under Section 138 of Negotiable Instruments Act.

3.

The memorandum of settlement is placed on record and marked 'X' for identifcation.

Ethape 2 9-WP-466-2021.doc 4.

Learned Advocates representing both sides submit that in view of the settlement between the parties, the proceedings which are subject matter of this petition may be quashed. In view of the above, I pass the following order

ORDER

(i) Criminal Writ Petition No. 466 of 2021 is allowed. (ii) The proceedings in Criminal Complaint No.343 of 2018 pending on 17.02.2020 before the Court of Learned JMFC, Cantonment Court, Pune and impugned order dated 08.01.2020 passed by the learned Sessions Judge, Pune in Criminal Revision Application No. 604 of 2018 are quashed and set aside.

(iii) Writ Petition stands disposed of.

(PRAKASH D. NAIK, J.)