Suyash Singhania v. The State Of Maharashtra And ANR

vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL Date: 2023.12.14 14:54:47 +0530 VASANT ANANDRAO IDHOL CRIMINAL WRIT PETITION NO.153 OF 2023 Suyash Singhania

...Petitioner

V/s.

The State of Maharashtra & Anr.

...Respondents

Mr.Kartik Garg i/b Mr.Ravish Mishra for the Petitioner. None for the Respondents.

CORAM : RAJESH S. PATIL, J.

DATE : 11 TH DECEMBER , 2023.

P.C. :- 1.

This Criminal Writ Petition challenges distress warrant issued by 49 M.M. Court, Vikhroli, Mumbai in C.C. No.167/DV/2018 by its order dated 10 January 2020, as confirmed by the impugned judgment and order dated 29 September 2022, passed by the Sessions Court, Mumbai in Criminal Revision Application No.298 of 2020.

2.

Advocate for the Petitioner on instructions submits that the dispute between the parties has been settled, as they have entered into the consent terms before the Appellate Court at Bandra. He tenders a copy of the decree dated 26 October 2023, which records that the consent terms being entered into the parties. For the ease of 1/10

reference, decree dated 27 October 2023 along with the consent terms are reproduced herein below :

2/10

3/10

4/10

5/10

6/10

7/10

8/10

3.

According to the consent terms, the Petitioner herein (husband) has agreed that he will be paying Rs.60,00,000/- to the Respondent (wife). Advocate for the Petitioner submits that the said sum of Rs.60,00,000/- has already been paid by the Petitioner to the Respondent (wife). He further submits that the present Criminal Writ Petition No.153 of 2023 was to be withdrawn as per clause 5 of the said consent terms and an amount of Rs.3,65,000/- was deposited without prejudice with the 49 M.M. Court, Vikhroli, Mumbai. On the last occasion, advocate for the Petitioner was directed to serve a copy of the notice to the Respondent (wife), as she was not present on the last occasion. Advocate for the Petitioner submits that he has filed affidavit of service with delivery report of the Courier Service, which shows that the packet containing the letter of the advocate for the Petitioner, has been delivered, to the Respondent (wife) on 22 November 2023 at 6:21 p.m.

4.

The Petitioner is seeking liberty to withdraw the Criminal Writ Petition and to allow the Petitioner to withdraw a sum of Rs.3,65,000/- along with accrued interest thereon from the 49th M.M. Court, Vikhroli, Mumbai.

5.

Liberty as prayed is granted. The Petitioner can withdraw the sum of Rs.3,65,000/- deposited by him in the 49th M.M. Court, Vikhroli, Mumbai along with accrued interest, if any. 9/10

6.

Criminal Writ Petition is accordingly disposed of. 7.

All parties to act on the authenticated copy of this order. (RAJESH S. PATIL, J.) 10/10