M/S. K. K. Krishnan Constructions Company Pvt. Ltd. And ORS v. Shakuntala S. Honakeri And ANR

23-cri.wp.1827.2017.doc Tandale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1827 OF 2017 WITH INTERIM APPLICATION NO. 716 OF 2021 M/s. K. K. Krishnan Constructions Pvt. Co. Ltd. &Ors.

.... Petitioners/Applicants.

Vs.

Shakuntala S. Honakeri & Anr.

.... Respondents.

Ms. K. P. Reshma Ravi i/b. K. P. Ravi & Co. for the Petitioners/Applicants. Mr. Aslam Khan i/b. Leo Ronald Castelino for Respondent No.1. Mr. Amit Palkar, APP for the Respondent No.2-State. CORAM : A. S. GADKARI, J.

DATE : 1st MARCH, 2021.

P.C.:- The present Application is filed for withdrawal of Criminal Complaint No.2110/SS of 2012 filed by the respondent No.1, pending on the file of learned Metropolitan Magistrate, 32nd Court, Bandra, Mumbai. This Court by an Order dated 14th June 2017 has granted ad-interim relief in favour of the petitioners and thereby staying the further proceedings before the Trial Court. The record further indicates that, the respondent No.1 thereafter filed Miscellaneous Application dated 18th November 2020 for withdrawal of the Criminal Complaint No.2110/SS of 2012, which was duly supported by an affidavit of withdrawal. The Trial Court did not permit 1/2

23-cri.wp.1827.2017.doc the respondent No.1 to withdraw the said compliant, as a substantive Petition is pending before this Court.

2.

Learned counsel for the respondent No.1 fairly conceded the fact that, the respondent No.1 has filed the said Miscellaneous Application dated 18th November 2020 and has also affirmed an affidavit thereof. He further submitted that, the grievance of the complainant/respondent No.1 is duly satisfied by the petitioners and now, she has no complaint against the petitioners herein.

3.

In view thereof, the respondent No.1 is permitted to withdraw the said Criminal Complaint No.2110/SS of 2012 from the Court of learned Metropolitan Magistrate, 32nd Court, Bandara, Mumbai. Criminal Complaint No.2110/SS of 2012 pending on the file of the learned Metropolitan Magistrate, 32nd Court, Bandara, Mumbai is accordingly disposed off as withdrawn.

4.

Petition is disposed off in the aforesaid terms. 5.

In view of disposal of the Petition, Interim Application No.716 of 2021 pending therein, does not survive and is accordingly disposed off. (A.S. GADKARI, J.) 2/2