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Bombay High CourtAPPP/1470/2018rule absolute

Sangita Bhreulal Jain And ANR v. Jignesh Bharat Maniyar And ANR

2018-12-06Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

APL 1040-18 @ APPP 1470-18.odt-27

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1040 OF 2018 ALONG WITH CRIMINAL APPLICATION NO.1470 OF 2018 IN CRIMINAL APPLICATION NO.1040 OF 2018 Smt. Sangita Bherulal Jain & Anr.

] ... Applicants

Versus

Mr. Jignesh Bharat Maniyar & Anr.

] ... Respondents Mr. Sujit Shelar for Applicants.

Mr. G. R. Dalvi for Respondent No.1.

Mr. Deepak Thakare, PP a/w Smt. S. D. Shinde, APP for State - Respondent No.2.

CORAM :- B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE :- DECEMBER 06, 2018 P. C. :- 1.

Both the Applicants are present with their Advocates. Respondent No.1 - original complainant is present with his Advocate. Learned PP appears for Respondent No.2 - State. URS 1 of 2

APL 1040-18 @ APPP 1470-18.odt-27 2.

Parties jointly state that they have amicably settled the dispute. Accordingly, the Respondent No.1 has also tendered an Affidavit. It is taken on record.

3.

Perusal of a report shows that it is a private dispute revolving around sale transaction between the parties. It does not have any public angle. Hence, accepting the joint request, we make Rule absolute in terms of prayer clause (b) and dispose of the present petition.

4.

Consequently, we also allow Criminal Application No.1470 of 2018 and quash the Criminal Case No.952/PW/2018 on the file of the learned Metropolitan Magistrate, 72nd Court, Vikhroli, Mumbai. (SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.) URS 2 of 2