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Bombay High CourtWP/1082/2022allowed

Paul Berjon Scott And ANR. v. State Of Maharashtra And ANR.

2023-06-13Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shivkumar Dige2 pages

Osk 97-Wp-1082-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1082 OF 2022 Paul Berjon Scott & Anr.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr.Yash Momaya a/w. Mr. Moinnuddin Chowdhari for Petitioners. Mr.S.S. Hulke, A.P.P. for Respondent No.1-State. Ms. Meenaz Mozawala for Respondent No.2.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 13th June 2023.

P.C. :

1.

Learned counsel appearing for Petitioners submitted that, in pursuance of Order dated 10th January 2023 mediation was conducted by the learned Mediator and it resulted into success. He submitted that, the Petitioners i.e. husband and mother-in-law of Respondent No.2 have executed Consent Terms dated 13th June 2023. In para Nos.3(b) and 5(a) thereof, the Respondent No.2 has agreed to give her consent for quashing of present crime i.e. CR No. 591 of 2021 registered with Khar Police Station, Mumbai, subject to the conditions mentioned therein.

2.

Learned counsel for the Petitioner submitted that, the Petitioner has complied with the covenants of para Nos.6(a) & (b) of the said Consent 1/2

Osk 97-Wp-1082-2022.odt Terms, as of today. He on instructions from Petitioner No.1, who is personally present in the Court, submitted that, Petitioner No.1 will comply with the balance terms and conditions without any demur. 3.

Respondent No.2 is personally present in the Court and through her Advocate admits execution of Consent Terms dated 13th June 2023 and compliance of Clause Nos.6(a) & (b) of the Consent Terms by the Petitioner No.1. She has also reiterated her 'no objection' for quashing of present crime. 4.

In view of above, Petition is allowed in terms of prayer Clause (A). [ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] 2/2