M/S. J. Gala Builders And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 737 OF 2014 WITH CRI. WRIT PETITION NO. 738 OF 2014 M/s. J. Gala Builders & Others.

... Petitioners.

V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. Harshad H. Ponda a/with Datta Mane i/by Ms. Reena Salunkhe, Advocate for the Petitioners in both the petitions. Mr. D. R. More, APP for the State.

Mr. Mohd. Akram i/by Kishore Shriyan for the Respondent No.2.

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

DATE : 17th JULY, 2015 P.C. :

Both the writ petitions seek to quash the proceedings viz. the C.C. No. 98/SW/2013 and C.C. No. 97/SW/2013 pending in the court of learned Metropolitan Magistrate, 15th Court, Mazgaon,Mumbai. The private criminal complaint cases have been filed by the Respondent No.2 for the offence punishable under section 420 of the Indian Penal Code and for the offence punishable under the provisions of the Maharashtra Ownership of Flats Act (MOFA Act). Borey 1/2

spb/ 922wp737-738-14.sxw During the course of hearing of these writ petitions, the parties have resolved to put an end to the dispute amicably and accordingly the Consent Terms have been filed in both the writ petitions. The said Consent Terms in writ petition nos. 737/2014 and 738/2014 be marked as Exh. 'A' in both petitions for the purpose of identification. The parties shall act according to the Consent Terms.

In view of the Consent Terms, both these writ petitions are disposed of.

The proceedings in criminal case nos. C.C. No. 98/SW/2013 and C.C. No. 97/SW/2013 pending against the petitioners in the court the learned Metropolitan Magistrate, 15th Court, Mazgaon, Mumbai shall stand quashed. Bail bonds, if any, of the petitioners shall stand cancelled. Both the writ petitions stand disposed of accordingly.

(JUDGE) .....

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