Raja Chelaram Adwani v. Simaran Raj Chandwani And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3724 OF 2016 Raja Chelaram Adwani ..Petitioner v/s.

The State of Maharashtra & Anr.

..Respondents Mr. Vasant Raut for the Petitioner Mrs. S.V.Sonawane, APP for the Respondent No.1. Mrs. Simran R. Chandwani, Respondent No.2 in person. CORAM : A.S.OKA & ANUJA PRABHUDESSAI, JJ.

DATED : 16TH FEBRUARY, 2017 P.C.

1.

The order dated 2nd February, 2017 and in particular clause 2 reads thus:- " In view of the letter at Exhibit C, place the petition under the caption of "settlement" on 16th February, 2017. We make it clear that unless it is pointed out that there is a settlement with all the victims of the offence on the basis of the affidavits filed by the victims, the prayer for pps

9 wp 3724-16.doc quashing cannot be considered. The Investigating Officer shall personally remain present in the Court on the next date."

2.

The first information report prima facie shows that apart from the first informant, there are three victims of the offence. The affidavits of none of the victims are produced before the Court showing that there is a settlement between the Petitioner and all the other victims as well.

3.

In view of non compliance of the order dated 2nd February, 2017 we dismiss the Petition. In the event there is a proper settlement between the Petitioner and the other victims of the offence, it will be open to the Petitioner to file a fresh Petition for the same relief. (ANUJA PRABHUDESSAI, J.) (A.S.OKA, J.) pps