Vikas Sukhwal And ORS. v. The State Of Maharashtra And ORS.

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2-wp-1305.2007.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1305 OF 2007 Mr. Vikas Sukhwal and Ors.

... Petitioners

Versus

State of Maharashtra and Ors.

... Respondents Mr. Ashok Mundergi i/by Ms Sabeena Mohadik for the petitioners. Mr. Prakash Naik i/by Smt. Dimple Shah for respondent no. 2. Ms V.S. Mhaispurkar, A.P.P. for the State.

CORAM : M.L. TAHALIYANI, J.

DATED : JULY 20, 2015 P.C.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioners are accused nos. 1 to 3 in Criminal Case No. 15/SW/07 pending in the court of 38th Court, Ballard Pier, Mumbai. Accused no. 4 is one Ms. Sana Shaikh. The charge against the petitioners is for the offences punishable under section 323, 385, 452, 506 and 427 read with 34 of Indian Penal Code. The present petition is for quashing the complaint. 3.

During the pendency of the present petition, parties have decided to resolve the dispute amicably. Criminal Case filed against respondent no. 2 has been quashed by the Division Bench of this court at the instance of the petitioners. In view of the amicable settlement of the dispute between the

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2-wp-1305.2007.sxw parties, proceedings pending against the petitioners will have to be quashed. At the same time, it may be noted here that respondent no. 3 Sana Shaikh is not party to the present amicable settlement. However, respondent no. 2/original complainant does not want to proceed against her also. In view thereof, I pass the following order :

3.

The proceedings pending against the petitioners and respondent no. 3 Sana Shaikh vide Criminal Case No. 15/SW/2007 are hereby quashed. Bail bonds of the petitioners and respondent no. 3, if any, shall stand cancelled. The consent terms-cum-affidavit are taken on record and marked Exh. "A" for identification. Writ petition stands disposed of. (JUDGE)