Rita Herminia Cynthia Pinto v. The State Of Maharashtra And ORS.

spb/ pr5wp443-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 443 OF 2015 Mrs. Rita Herminia Cynthia Pinto ... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

--- Mr. Dinesh Tiwari a/w Ms. Vidya Chaudhari i/by Chambers of Jeved Gaya, Advocate for the Petitioner.

Mrs. P.P. Bhosale, APP for the State.

Mr. Vishesh Malviya a/w Ms. Nikita Mishra i/by Federal & Rashmikant for Respondent Nos.2 & 3.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 06 FEBRUARY, 2015 P.C. :

Not on board. Mentioned. Taken on production board.

Heard.

The petitioner is a complainant in criminal case no. 68/SW/2012, pending in the court of Metropolitan Magistrate, 37th Court at Esplanade, Mumbai. The respondent nos. 2 to 5 are relatives of the petitioner. They are accused in the said criminal case. After filing of the complaint, an enquiry was Borey 1/2

spb/ pr5wp443-15.sxw directed to be made by the police under section 202 of the Criminal Procedure Code, 1973. There were other proceedings pending in between the parties in the High Court on the Original Side.

The learned Advocate appearing for the petitioner has submitted that the petitioner does not want to proceed further in the criminal case, pending in the court of Metropolitan Magistrate, in view of the amicable settlement of the dispute between the parties. The respondent nos. 2 and 3, who are stated to be the prime accused, have no objection for quashing the prosecution in view of the amicable settlement. Criminal case No. 68/SW/2012 pending in the court of Metropolitan Magistrate, 37th Court at Esplanade, Mumbai, shall stand quashed. The order passed by the Metropolitan Magistrate for enquiry and report, shall be recalled.

Writ petition stands disposed of.

(JUDGE) .....

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