Md. Iqbal Md. Arif Shaikh And ORS v. The State Of Maharashtra

1/3 (8)APPW-331-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.331 of 2018 IN WRIT PETITION NO.949 of 2015 Iqbal Md.Arif Shaikh and ors .. Applicants

Versus

The State of Maharashtra .. Respondents ...

Mr. Gajendra Jadhav i/b Rohini Wagh for the applicants. Mrs.A.S. Patil, the learned Additional Public Prosecutor for the State.

Ms.Archana Rupwate with Afreen Khan for respondent no.2. CORAM: SMT. BHARATI H.DANGRE, J.

DATED : 10th SEPTEMBER, 2018 P.C:- Criminal Application No.331 of 2018 is taken out seeking restoration of the petition which was dismissed on 30th August 2018, since this Court gathered an impression that the petitioners are not interested in prosecuting the petition, but continued to enjoy the benefit of the interim relief granted three years back.

2/3 (8)APPW-331-18.doc Perusal of the application would reveal that certain reasons have been stated for seeking restoration of the said writ petition. However, though in my opinion, the said reasons do not appear to be sufficient and cogent. However, the learned counsel for the applicant as well as the respondent makes a categorical statement before the Court that the parties are likely to settle the dispute and they are in the process of filing consent terms in the Domestic Violence proceedings. An assurance is given to the Court that the matter would be settled, but for the petition which is dismissed by this Court on 30th August 2018. It is to be noted that the petition is filed by the petitioners who are the brothers of the respondent no.2 who have instituted the proceedings under Section 12 of the Domestic Violence Act. In view of a categorical statement being made before this Court, I am inclined to restore the said writ petition with a specific understanding being recorded that the parties are going for a settlement and the whole issue is likely to be resolved.

In such circumstances, the order dated 30th August 2018 passed in Criminal Writ Petition No.949 of 2015 is recalled. Writ Petition is restored to its file.

3/3 (8)APPW-331-18.doc In light of the statement that is being made by the parties, learned counsel for the petitioner seeks withdrawal of the petition in order to file consent terms before the Appellate Court which would be done within a period of 15 days from the date of passing of the order.

In such circumstances, writ petition is also disposed of.

(SMT. BHARATI H. DANGRE, J.) by Manali Prasanna Tilak Date:

2018.09.11 11:17:54 +0530 Manali Prasanna