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Bombay High CourtAPL/1320/2018rule absolute

Madhu Sreedharan Nair v. The State Of Maharashtra And ORS

2018-12-05Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

24-apl-1320.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1320 OF 2018 Mr. Madhu S. Nair ... Applicant

Versus

State of Maharashtra and Anr.

...

Respondents Mr. Viral Rathod i/by Mr. Ashraf Patel for the applicant. Mr. Sahil Gandhi a/w Sushil Mishra i/by Markand Gandhi for R. No. 2.

Smt. S.D. Shinde, APP for the respondent State. CORAM : B.P. DHARMADHIKAKRI & SARANG V. KOTWAL, JJ.

DATE :

DECEMBER 05, 2018 P.C.:

Respondent no.2 is present with his advocate. Applicant (Original accused) is present with his advocate. APP appears for respondent nos. 1 and 3.

2.

The complainant and accused have tendered consent terms. 3.

Respondent no.2 Dinesh present in court accepts the settlement.

4.

We have perused the FIR. We find that the grievance to be restricted to the dispute between the parties and not having any nilegaonkar 1/2

24-apl-1320.2018.odt public angle. As per consent terms the employer of respondent no.2 has already recovered Rs. 21 lacs and balance amount of Rs. 19 lacs has to be received by it after the attachment of bank account of the applicant is removed.

5.

In this situation, accepting the consent terms, and joint request, we make the rule absolute in terms of prayer clause (A). 6.

Parties to act authenticated copy of this order (SARANG V. KOTWAL, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2