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Bombay High CourtWP/5678/2018rule absolute

Yogesh Govind Puranik And ORS. v. The State Of Maharashtra And ANR.

2019-02-05Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5678 OF 2018 Yogesh Govind Puranik & Ors.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO. 307 OF 2019 Sunil Shankar Bandal

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Girish Kulkarni i/b Mr. V. V. Purwant for the Petitioners in WP/5678/2018 Mr. Sujay N. Gawade i/b Shree & Co. for the Petitioner in WP/307/2019 Mr. K. V. Saste, A.P.P for the Respondent No.1-State in WP/5678/2018 Mr. Deepak Thakare, P. P. a/w Mr. Avinash D. Kamkhedkar, A.P.P for the Respondent No.1-State in WP/307/2019 Mr. Hemant Ghadigaonkar for the Respondent No. 2 Mr. Ganesh Kurhe, son of the Respondent No. 2's sister, is present in Court CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

TUESDAY, 5 th FEBRUARY 2019 P.C. :

Parties are present with their respective advocates and state that dispute in relation to property is amicably settled between 1/3

them. Our attention has been invited to consent terms filed in Special Civil Suit No. 294 of 2016 in Court of Civil Judge, Senior Division, Pune. The complainant Pravatibai is present and is identified by her advocate. She has tendered separate affidavits in both these matters declaring that she does not wish to prosecute the petitioners in the matter. She has given no objection for quashing of FIR. In Court orally, she reiterates her contention. As we found that she was not able to explain the compromise, she stated that her son has looked after everything and she is satisfied with the same. Said son is one Ganesh Kurhe and he is son of her sister. She has mentioned his name also in the report lodged to police and stated that he is looking after her. Respective counsel explained that she has no issue and she is treating Ganesh as her son.

In view of affidavits filed and intention orally communicated to Court by respondent No.2 Parvatibai, we make rule 2/3

absolute in terms of prayer clause (c) in writ petition No. 5678 of 2018 and(b) in writ petition No. 307 of 2019.

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

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