V. Jaishankar And ORS v. The State Of Maharashtra And ANR

p509-apl-677-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 677 OF 2018 Mr.V. Jaishankar & Ors.

...Applicants

Versus

State of Maharashtra & Anr.

...Respondents

......

Ms.Vijaylaxmi Shetty I/b. Mr.Prashant Pandey for the Applicants. Mr.A.R.Patil, APP for Respondent No.1-State.

Mr.Ashutosh R. Gole for Respondent No.2.

......

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 15 APRIL 2019 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

The learned Counsel for the applicants submits that a complaint was filed by respondent No.2 under the Protection of Women from Domestic Violence Act. She further submits that the applicants and respondent No.2 have settled the matter amicably.

3.

The learned Counsel for respondent No.2/ original complainant confirms the settlement.

Trupti 1/2

p509-apl-677-2018.doc 4.

Both the parties have filed the consent terms dated 15th April, 2019. Along with the consent terms, they have filed a joint affidavit dated 15 th April, 2019. All the parties are present. The identity of both the parties is verified by the Court Sheristedar on the basis of the document, which is found correct. The parties along with their respective Counsel signed the consent terms. The consent terms is taken on record and marked as Exhibit 1. The joint affidavit is also taken on record and marked as Exhibit 1A. The undertakings given and the statements made in the consent terms by the parties are accepted. In view of the consent terms, notice sent by the learned Judicial Magistrate First Class, Court No.II, Thane on 23rd April, 2018 is quashed and set aside. 5.

The learned Counsel for respondent No.2/ original complainant submits that in view of the said consent terms, respondent No.2 is going to withdraw the original proceedings i.e., D.V.M.A. No. 156 of 2018 pending before the learned Judicial Magistrate First Class, Court No. II, Thane. 6.

In view of above, Criminal Application is allowed and accordingly disposed of.

(MRIDULA BHATKAR, J.) Trupti 2/2