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Bombay High CourtABA/688/2022disposed off

Neel Umesh Shah v. The State Of Maharashtra

2022-07-05Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 14 ABA 688-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.688 of 2022 Neel Umesh Shah ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Dr. Adv. Surekha Surve with Mr.Rupesh Maurya for the applicant.

Mr.Vishal Kanade, mediator present.

Mr.Ashley Cusher for respondent no.2.

Smt.Veera Shinde, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 5th JULY, 2022 P.C:- The final report is received from the mediator and it is conveyed that the parties have decided to settle their differences peacefully and consent terms came to be drawn under the signatures of the applicant and complainant.

Consent Terms are filed before the Family Court at Bandra, where it is undertaken by the parties that they have settled their marital discord amicably. The consent terms annexed to the final report are taken on record and marked "X" for identification.

2/3 14 ABA 688-22.doc Consent terms record that the parties shall file Divorce Petition by mutual consent before the Family Court and on getting divorce, shall file a joint petition in the High Court for quashing of the complains filed by the wife and appropriate application shall also be filed for withdrawal/compounding of criminal cases, pending vide FIR No. 1840/2016 dated 2/6/2016 and FIR No.85 of 2022 u/s.498A, 323, 504 and 506 IPC, registered with Charkop police station for the offence punishable u/s.498A IPC.

The agreement arrived between the parties is set out in the consent terms, which are already presented to the Family Court. Recording that the parties shall be continued to govern by the said consent terms, the applicant deserve protection from arrest. Hence, the following order :-

O R D E R

(a) In the event of his arrest, the Applicant - Neel Umesh Shah in connection with C.R.No.85/2022 registered with Charkop Police Station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person

3/3 14 ABA 688-22.doc acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(c) The Applicant shall report to the Police Station as and when necessary.

I would like to place on record appreciation for learned Advocate Mr.Vishal Kanade, who has been successful in mediating between the parties and has put to rest the long run discord and battle which they were fighting at various levels. Application is disposed off.

( SMT. BHARATI DANGRE, J.)