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Bombay High CourtWP/6734/2021disposed off

Gaurav Vilas Mulye And ORS. v. State Of Maharashtra And ANR.

2023-04-27Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

ssm 1 28-wp6734.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6734 OF 2021 Gaurav Vilas Mulye & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Anandini Fernandes, Shanica Mansukhani for the Petitioners. Mr. Ajay Patil APP, for the Respondent-State. Ms. Chitra Phadke for Respondent No.2.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 27th APRIL, 2023.

P.C.:- 1) In pursuance of Order dated 13th December 2022, learned Mediator Adv. Shri. Rajiv Patil has submitted his report dated 21st March, 2023 in a sealed envelope. The said envelope is produced along with a covering letter dated 21st March, 2023 signed by the Deputy Registrar, Mediation Center, High Court Mumbai. The said envelope is opened in Court.

Learned Mediator has stated that, the medication is successful and the parties herein have executed Consent Terms dated 21st March, 2023. Mediation report is taken on record.

2) The said Mediation Report is accompanied with Consent Terms dated 21st March, 2023. The Consent Terms are duly signed by the 1/2

ssm 2 28-wp6734.21.doc Petitioner No.1 and Respondent No.2. The Petitioner Nos.2 and 3 have confirmed the contents of the said Consent Terms and have put their signatures on it. Their signatures have been identified by the their respective Advocates.

3) In pursuance of clause No.5(VIII) of the said Consent Terms, the learned Advocate of Respondent No.2 has tendered across the bar, her Affidavit dated 27th April, 2023 duly affirmed before the Assistant Registrar of this Court. In para No.13 thereof, Respondent No.2 has given her 'no objection' for quashing of C.R. No.687 of 2021 dated 12th November, 2021 registered with Pantnagar Police Station, Mumbai, under Sections 406, 420, 498A, 504 read with Section 34 of the Indian Penal Code. Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of the said Affidavit dated 27th April 2023 and her 'no objection' for quashing of CR No.687 of 2021 registered with Pantnagar Police Station, Mumbai. 4) In view of the above, Petition is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) SANJIV SHARNAPPA MASHALKAR Date: 2023.05.08 16:08:53 +0530 SANJIV SHARNAPPA MASHALKAR 2/2