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Bombay High CourtAPPP/728/2017disposed off

Naveen Kumar Sharma v. Janardan Rajaram Bawne And ORS

2023-01-17Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice Prithviraj K. Chavan6 pages

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2023.04.15 11:23:34 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2696 OF 2015 Son of Shiv Kumar Sharma Dipti Naveen Sharma alias Dipti Janardan Bawne and Ors.

CRIMINAL APPEAL NO. 829 OF 2017 Dipti Naveen Sharma and Anr.

CIVIL WRIT PETITION NO. 2218 OF 2017 Dipti Naveen Sharma alias Dipti Janardan Bawne

...Respondent

CRIMINAL WRIT PETITION NO. 914 OF 2020 CRIMINAL WRIT PETITION NO. 915 OF 2020 Deepti Naveen Sharma alias Deepti Janardan Bawne The State of Maharashtra and Anr.

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CRIMINAL WRIT PETITION NO. 1292 OF 2020 Dashavtar Gopalkrishna Bade and Ors.

CRIMINAL WRIT PETITION NO. 2124 OF 2016 Son of Shiv Kumar Sharma Dipti Naveen Sharma and Anr.

CRIMINAL APPEAL NO. 756 OF 2019 ...Appellant Dipti Naveen Sharma and Anr.

CRIMINAL APPEAL NO. 785 OF 2019 ...Appellant Dipti Naveen Sharma and Ors.

CRIMINAL APPLICATION NO. 728 OF 2017 IN ANTICIPATORY BAIL APPLICATION NO.1738 OF 2016 ...Applicant 2/6

Janardan Rajaram Bawne and Ors.

CRIMINAL APPEAL NO. 826 OF 2017 ...Appellant Janardan Rajaram Bawne and Anr.

CRIMINAL APPEAL NO. 827 OF 2017 ...Appellant Dashawatar Gopalkrishna Bade and Anr.

CRIMINAL APPEAL NO. 830 OF 2017 ...Appellant Arjun Dinkar Ghatte and Anr.

CRIMINAL WRIT PETITION NO. 5197 OF 2019 State of Maharashtra and Anr.

Mr. Tapan Thatte, for the Petitioner in WP/2696/2015, WP/2218/2017, WP/1292/2020, WP/2124/2016, WP/5197/2019, and for the Appellant in Appeal/829/2017, Appeal/756/2019, Appeal/785/2019, Appeal/826/2017, Appeal/827/2017, 3/6

Appeal/830/2017 and for the Applicant in APP/728/2017 and ABA/1738/2016.

Mr. K. V. Saste, A.P.P for the Respondent - State. Mr. Aalekh Wagh a/w Ms. Priyanka Tiwari, for the Petitioner in WP/914/2020 and WP/915/2020.

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 17th JANUARY 2023 P.C. :

1.

None of the aforesaid matters survive, in view of the order dated 16th December 2022, passed by the Apex Court in Transfer Petition (Criminal) No.261 of 2020 alongwith Transfer Petition (Criminal) No.116 of 2020. The said order reads thus:- "ORDER We have heard learned counsel for the parties. The parties were referred to Mediation Centre attached to this Court. The Mediation Centre has submitted a report stating that the dispute between the parties has been amicably settled. The parties have filed a joint application supported by an affidavit containing the terms and conditions of settlement arrived at between them.

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Prayer has also been made to grant them a decree of divorce by mutual consent in exercise of powers under Article 142 of the Constitution of India.

I.A. No.141226 of 2022 stands allowed. The settlement agreement dated 19.09.2022 is taken on record. Let a decree of divorce be drawn accordingly. The terms and conditions of the settlement shall form part of the decree.

In accordance with the terms of the settlement arrived at between the parties, all the proceedings whether civil or criminal pending between the parties, the details whereof have been mentioned in Annexure "B" and "C" of the settlement agreement, shall stand quashed. The parties shall be under an obligation to comply with the terms and conditions of the settlement.

The transfer petitions stand disposed of in the aforesaid terms. Pending application(s), if any, shall also stand disposed of." 2.

It is clear from the aforesaid, that the Apex Court has quashed all civil or criminal proceedings pending between the parties, mentioned in Annexure "B" and "C" of the settlement agreement. 3.

All the aforesaid 14 matters are mentioned in Annexure "B" and "C" of the settlement agreement.

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4.

Since, the said proceedings have been quashed by the Apex Court, the aforesaid matters do not survive and the same stand disposed of.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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