Hilla P. Guzder v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1639 OF 2016 Biniza Contractor

...Petitioner

Versus

The State of Maharashtra And Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO. 1640 OF 2016 Hilla P. Guzder

...Petitioner

Versus

The State of Maharashtra And Anr.

...Respondents

....

Mr. Girish Kulkarni, Senior Advocate a/w Mr. Krupashankar N. Pandey i/by M/s. Mrunmai Kulkarni, Advocate for the Petitioners. Mr. Manoj M. Gadkari, Advocate for Respondent No.2. Mr. Y.Y. Dabake, A.P.P. for the Respondent No.1 - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

5th JANUARY, 2024.

P.C.

:

1.

The Petitioners in both these Petitions are challenging the proceedings in S.C.C. No.443183 of 2012 & S.C.C. No.443184 of 2012 pending before the Court of learned J.M.F.C. Court No.5, Pune. The complaints pertain to the offences under Section 499 & 500 of Indian Penal Code. The Complaints are filed by Respondent No.2.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.01.08 17:27:14 +0530 SAJAKALI LIYAKAT JAMADAR

2.

Learned Advocate for the Petitioners and Respondent No.2 jointly submitted that the parties have amicably settled their dispute and has arrived at settlement. The ' Memorandum of Settlement' has been executed on 23rd October 2023. 3.

The Memorandum of Settlement indicate that the parties have resolved the differences and agreed to withdraw the proceedings. The Memorandum of Settlement is taken on record and marked as 'X' for identification.

4.

Learned Advocate for Respondent No.2/Complainant on instruction submitted that, in view of Memorandum of Settlement, the Respondent No.2/Complainant has no objection for quashing the impugned proceedings which are subject matter of these petitions.

5.

In view of the aforesaid circumstances following order is passed :

ORDER

i.

Criminal Writ Petition No.1639 of 2016 is allowed. ii.

Criminal Proceedings in S.C.C. No.443183 of 2012 pending before the learned J.M.F.C. Court No.5, Pune is quashed and set aside.

iii.

Criminal Writ Petition No.1640 of 2016 is allowed. iv.

Criminal Proceedings in S.C.C. No.443184 of 2012 pending before the learned J.M.F.C. Court No.5, Pune is quashed and set aside.

v.

Both Petitions stand disposed of accordingly. (PRAKASH D. NAIK, J.)