Sandip Sankarlal Kedia And ORS v. Pooja Sandip Kedia And ANR

14-apl-720-2015.odt rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 720 OF 2015 Sandip Sankarlal Kedia and Ors.

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Applicants vs.

Pooja Sandip Kedia and Anr.

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Respondents Mr. Pavan D. Patil for the Applicants.

Mr. Prakash Mahadik for Respondent no.1 Mr. P. H. Gaikwad, APP for the State.

CORAM : A. K. MENON, J.

DATE : 27 th JUNE, 2017 P.C.:

1.

The learned Counsel for the applicant as well as the Counsel for respondent no.1 state that all disputes and differences between parties, civil and criminal and all proceedings between the parties have now been settled by virtue of the order and decree dated 5 th April, 2017 passed by the Supreme Court in Civil Appeal no. 11496 of 2016 disposing of the aforesaid appeal along with other appeals and Contempt Petitions.

2.

The Supreme Court has directed thus:

"Accordingly, the disputes between the parties are directed to be finally settled in accordance with the consent terms of settlement dated 08.02.2017 (along with annexures) and modification vide paragraph 3 of the application dated 05.04.2017, which shall form part of the order.

Ordered accordingly :

The Civil Appeal is disposed of."

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14-apl-720-2015.odt 3.

Reference to consent terms dated 8 th February, 2017 reveals that vide subclauses (a) and (b) of clause VIII the parties have provided details of various proceedings adopted by and between them both in India and Dubai. Sub clause (b) makes reference to the list of cases in Annexure-4 to the consent terms. Item no. 5 in the first part of Annexure-4 mentions the Domestic Violence complaint C.C. No. 10/DV/2013 pending before the Metropolitan Magistrate Court, Andheri. The second part of the Annexure at item no. 7 refers to the above appeal. 4.

In view of the overall settlement between the parties and by virtue of sub clause(a) of clause VIII, all allegations and complaints and proceeding including the proceedings before the Metropolitan Magistrate Court in C.C. No. 10/DV/2013 and Criminal Appeal No. 238/2013 stand quashed and set aside. In the circumstances, nothing survives in the present application. 5.

The present application is liable to be disposed of as infructuous in view of the Order and decree dated 5 th April, 2017 passed by the Supreme Court.

Accordingly, I pass the following Order:

(i) Criminal Application is disposed of as infructuous. (ii) No costs.

(A. K. MENON, J.) 2/2