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Bombay High CourtABA/3204/2021disposed off

Anil Amarnath Patil And ANR v. State Of Maharashtra

2022-02-24Hon'Ble Shri Justice C.V. Bhadang2 pages

35-aba-3204-2021-order2.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 3204 OF 2021 Anil Amarnath Patil and Anr.

..Applicants Vs.

The State of Maharashtra ..Respondent ---- Mr. Prashant P. Raul, for the Applicant.

Mr. S. R. Agarkar, APP for the Respondent / State. ---- Digitally signed by MAMTA AMAR KALE Date:

2022.02.25 14:25:44 +0530 MAMTA AMAR KALE CORAM : C.V. BHADANG, J.

DATE : 24 FEBRUARY 2022 P.C.

.

Heard the learned counsel for the parties.

2.

On 6 January 2022, interim protection was granted to the Applicant, interalia on the condition of attendance. The Applicants have reported to the Investigating Officer and have cooperated in the investigation.

3.

The learned counsel for the Applicants today has produced a copy of the settlement agreement dated 18 February 2022 by which the parties have settled their dispute, which according to the learned Mamta Kale page 1 of 2

35-aba-3204-2021-order2.doc counsel for the Applicants is of civil nature. The copy of the agreement is taken on record and marked 'X' for identification. In terms of the agreement, the applicants have agreed to withdraw the complaint filed under Section 138 of Negotiable Instruments Act, 1881 and in consideration thereof, the Respondent - Complainant has agreed to give no objection for quashing of the present FIR. The learned counsel for the Applicant states that he will produce the copy of the agreement before the Investigating Officer if not already produced, who can verify the said facts from the first informant. 4.

In the circumstances, the Criminal Application is disposed of in terms of the order dated 6 January 2022, which is made absolute. It is made clear that this Court has relied upon and accepted the agreement only for the purpose of the confirmation of the anticipatory bail. Needless to mention that the parties will have to take an independent action for quashing of the FIR, if so advised. C.V. BHADANG, J.

This order is corrected as per speaking to the minutes of the order dated 25/2/2022. Mamta Kale page 2 of 2