Urvaksh Naval Hoyvoy And ANR. 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. 2285 OF 2018 Urvaksh Naval Hoyvoy & Anr .....Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents ----- Mr. Satish Maneshinde a.w Ms. Anandini Fernandes and Ms/ N. Maneshinde i/b Anandini Fernandes for Petitioners. Mr. Prashant Jadhav, APP for the State.

Mr. Sayaji D. Nangre for Respondent No.2.

------- CORAM : S.J. KATHAWALLA & A.S.GADKARI, J.J.

DATE : 23rd MAY 2018 (Vacation Court) P.C.:

1] Heard the learned Counsel appearing for the Petitioners and the learned Counsel appearing for the Respondent No.2-First Informant. Perused the Consent Terms dated 30.4.2018 which were filed before the Single Judge of this Court (Shri S.J. Kathawalla, J.), more particularly paragraph No.12 of the said terms and also the affidavit dated 10.5.2018 filed by the complainant/first informant. 1/2

wp.2285-2018.doc 2] The learned Counsel for the respondent No.2 on instructions from the respondent No.2 who is present in Court submits that he has no objection if the complaint/F.I.R. is quashed against the Petitioners. 3] In view thereof, the above present Writ Petition is disposed of in terms of prayer clause (a) qua the petitioners only. Prayer clause (a) is reproduced hereunder:- "(a) That this Hon'ble Court may be pleased to quash and set aside the F.I.R. bearing No. C.R. No.87 of 2018 registered with the Azad Maidan Police Station against the present Petitioners, Urvkash Naval Hoyvoy and Amy Urvaksh Hoyvoy." 4] It is clarified that, this Order shall not preclude the Police Authority as well as the Trial Court from pursuing the complaint/proceedings against the other accused persons. 5] Writ Petition is disposed off in the aforesaid terms. (A.S.GADKARI, J.) (S.J. KATHAWALLA, J.) 2/2