Rajendra Ramesh Mantri v. The State Of Maharashtra And ORS.

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2022.01.21 12:09:41 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2548 OF 2021 Rajendra Ramesh Mantri

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

Ms. Bhagyashri M. Ranade, for the Petitioner. Ms. P. P. Shinde, A.P.P for the Respondent No.1 - State. Mr. Ajit S. Hodage, for the Respondent No.2.

CORAM : REVATI MOHITE DERE, J.

DATE : 19th JANUARY 2022 (THROUGH VIDEO CONFERENCING) P.C. :

1.

Heard learned counsel for the parties.

2.

By this petition, the petitioner seeks quashing and setting aside of the proceedings arising out of Summons Warrant Cases 297/SW/2013, which is pending on the file of the learned Metropolitan Magistrate, 65th Court, Andheri, Mumbai.

3.

Learned Counsel for the petitioner submits that the dispute between the petitioner and the respondent No.2 has been amicably settled 1/3

and that Consent Terms have been entered into between the parties. Learned Counsel for the petitioner has tendered the Consent Terms entered into between the petitioner and the respondent No.2 (original complainant). The said Consent Terms dated 14th April 2021 are taken on record and marked `X' for identification. By the said Consent Terms, the petitioner withdraws all allegations made by him in para 4 (ii)(iii) of the aforesaid Criminal Writ Petition seeking quashing of the proceedings. By the said Consent Terms the parties have also withdrawn allegations made against each other and prayed that the proceedings pending on the file of the learned Metropolitan Magistrate, 65th Court, Andheri, Mumbai, be quashed and set aside. The respondent No.2 (original complainant) has given his consent for quashing of the said proceedings. 4.

Learned Counsel for the petitioner has also tendered an affidavit of the petitioner dated 14th April 2021. The said affidavit is taken on record and marked `X-1' for identification. By the said affidavit the petitioner has stated that all differences and misunderstandings between him and the respondent No.2 have been resolved amicably and that he has withdrawn all allegations made in para 4(ii)(iii) of the aforesaid petition. 2/3

5.

Learned Counsel for the respondent No.2 (original complainant), on instructions, states that the respondent No.2 has no objection for quashing of the said proceedings, in view of the amicable settlement between the parties. Respondent No.2 - Rajiv Ramesh Mantri is also present through video-conferencing. He has given his no objection for quashing of the proceedings in view of the amicable settlement between the petitioner and him.

6.

Considering the aforesaid and the relations between the parties i.e. the petitioner and the respondent No.2 are brothers, the proceedings i.e. Summons Warrant Cases 297/SW/2013, pending before the learned Metropolitan Magistrate, 65th Court, Andheri, Mumbai, stand quashed and set aside.

7.

Petition is accordingly disposed of on the aforesaid terms. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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