Praful Prabhudas Mehta v. Chennaiah E. V. Gowda And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 653 OF 2014 Praful Prabhudas Mehta ...Applicant

Versus

Chennaiah E.V. Gowda and Ors.

...Respondents

Mr. Subodh Desai i/b Ms. Priti Ghadge, for the Applicant. Mr. Rohan Deshpande, Counsel i/b Ravi S. Kotian, for Respondent No.1. Mr. S.V. Gavand, APP for Respondent No.2-State. Mr. Karan Mehta a/w Ms. Priti Mahajan for Intervener / Respondent No. 3. Mr. Sandesh More for Interveners / Respondent Nos. 4, 5, 6, 7, 8, 14, 15, 16 and 17.

Mr. Bhanushali a/w Mr. A.P. Shah for Interveners / Respondent Nos. 9, 10, 11, 12 and 13.

CORAM : REVATI MOHITE DERE, J.

DATE : 20th August, 2019 P.C. :

1.

Heard learned Counsel for the parties.

2.

Learned Counsel for the applicant has tendered an affidavit of the Applicant/Original Complainant. The same is taken on record. Learned Counsel states that the Applicant/Complainant has amicably settled the dispute with the Respondent no. 1. He further states that the Applicant has entered into a Memorandum of Understanding and Deed of Settlement with

2/3 the authorized Representative of Respondent No.1. In the said affidavit, applicant/ complainant has expressed his desire not to continue with the aforesaid application, however, reserves his right to prosecute the Respondent No.1, in the event, there is breach of the terms of the Memorandum of Understanding and Deed of Settlement. 3.

Learned counsel for the Respondent No.1 has also tendered an affidavit of the Respondent No.1. The same is taken on record. In the said affidavit tendered by the Respondent No.1, it is stated that the Respondent No.1 has amicably settled the disputes and differences with the applicant and that they have entered into a 'Deed of Settlement' dated 01st July, 2019, which is annexed to the said affidavit.

4.

Learned counsel for the interveners also state that they are parties to the Deed of Settlement and that they have no grievance as against the Respondent No.1, in view of the Deed of settlement entered into between the parties.

5.

In view of the aforesaid settlement between the parties, the

3/3 applicant does not press this application and seeks leave to withdraw the same.

6.

Accordingly, the application is disposed of as withdrawn. Liberty to file fresh application, in the event, the occasion so arises. ( REVATI MOHITE DERE, J. )