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Bombay High CourtWP/4556/2021disposed off

Vishwajeet Subhash Jhavar v. The State Of Maharashtra And ANR

2021-11-26Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4556 OF 2021 Shri. Vishwajeet Subhash Jadhav .....Petitioner V/s.

State of Maharashtra and anr.

.....Respondents * * * * Mr. Amit A. Gharte, Advocate for the petitioner. Smt. S.V. Sonawane, APP for State-respondent no.1. Mr. Ranjit Agashe a/w. Mr. Krishnan Iyer a/w. Ms. Vinsha Acharya i/by. Ms. Namrata Agashe, Advocate for respondent no.2.

Coram : Sandeep K. Shinde, J.

Friday, 26th November, 2021.

P.C. :

1.

Petitioner is a, 'Promoter', within the meaning of the Maharashtra Ownership of Flats Act; whereas, respondent no.2 is the complainant-fat purchaser. Offences under Sections 420, 409 and 406 of the Indian Penal Code were registered against the petitioner vide C.R. No.364/2019 at Mahim Police Station, Mumbai.

2/3 2.

The petitioner-accused, was granted pre-arrest protection in ABA-2239-2019. This protection was cancelled at the behest of the complainant on 9th November, 2021 by the Sessions Court, Greater Mumbai. Feeling aggrieved by this order, the petitioner has fled the instant petition under Article 227 of the Constitution of India.

3.

Pending petition, dispute is settled and parties entered into Memorandum of Understanding dated 17th November, 2021; copy of which is taken on record and marked "X-1" for identifcation. Learned Counsel for the respondent no.2 (complainant), on instructions, admits execution of Memorandum of Understanding.

3.

In consideration of these facts, Counsel for the applicant states that the impugned order may be quashed and order granting bail to the applicant in the crime in question be restored.

4.

In consideration of the facts, with the consent of the Counsel for the parties, the impugned order dated 9th November, 2021 passed in Criminal Misc. Application No.178/2021 in ABA No.2239/2019 in C.R. No.364/2019 is

3/3 quashed and set aside. The petition is allowed and disposed off in the aforesaid terms.

5.

Learned Counsel for respondent no.2 undertakes to fle Vakalatnama within two weeks from today. Undertaking is accepted.

Digitally signed by NEETA SHAILESH SAWANT Date:

2021.11.27 14:58:50 +0530 NEETA SHAILESH SAWANT (Sandeep K. Shinde, J.)