Mtr Corporation Limited Through David Pak Nin Yam And ORS. v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2386 OF 2019 MTR Corporation Limited and others Petitioners versus The State of Maharashtra and another Respondents Ms.Swapnila Rane for petitioners.

Mr.Shyam Kalyankar, Advocate for respondent no.2. Mr.S.R.Agarkar, APP, for State.

Mr.Binu Baby Thomas, complainant present in Court. CORAM : PRAKASH D. NAIK, J.

DATE : 13th June 2022 PC :

1.

The petitioners had challenged the impugned order dated 6th March 2019 passed by learned Metropolitan Magistrate, 62nd Court, Dadar, Mumbai in Criminal Case No.6200113/SW/2009 rejecting the application for discharge. During pendency of the proceedings the parties have settled the dispute and consent terms are executed between complainant and the accused.

2.

Learned counsel representing the petitioners has tendered the consent terms dated 13th June 2022. Clause-2(i) of the consent terms states that petitioner no.1 for and on behalf of itself and all other petitioners shall pay to respondent no.2 a full and final settlement amount of USD 39,409 equivalent to INR 30,00,000/- (Rs.Thirty Lakh only) net of all indian taxes. This sum shall be electronically transferred by petitioner no.1 into the respondent no.2's bank account as per details attached at Annexure-I to the consent terms.

2 of 2 13.WP.2386.2019.doc The consent terms are taken on record and marked "X" for identification.

3.

Learned counsel for petitioners and respondent-complainant jointly submit that impugned proceedings may be quashed in terms of clause 2(i) of consent terms.

4.

In view of the submissions of both sides and in the light of consent terms, impugned proceedings viz Criminal Case No.6200113/SW/2009 pending before the Court of Metropolitan Magistrate, 62nd Court, Dadar, Mumbai are quashed and set aside. Writ Petition is disposed of.

(PRAKASH D. NAIK, J.) MST