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Bombay High CourtWP/5695/2018rule absolute

Prajakta Amit Patwardhan v. The State Of Maharashtra And ANR.

2019-03-04Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

wp.5695.18.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5695 OF 2018 Prajakta Amit Patwardhan

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Amol Arunprakash Patankar a/w Mr. Vatsal Thakkar for the Petitioner Mr. A. D. Kamkhedkar, A.P.P for the Respondent No.1-State Mr. Aditya Gupte i/b Tuli & Co. for the Respondent No. 2 CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

MONDAY. 4 Th MARCH 2019 P.C. :

Petitioner-original accused No. 2 and respondent No. 2original complainant, present with their respective advocates jointly request to quash and set-aside offence punishable under Sections 120B, 406, 408 and 420 of Indian Penal Code taken cognizance of in a FIR dated 23rd April 2016.

Parties have already arrived at Consent Terms and Consent Terms are also recorded in Lok Nyalaya in civil matter i.e. SQ Pathan 1/2

wp.5695.18.13.doc Special Civil Suit No. 514 of 2017. Award accordingly has been passed by the Panel on 8th September 2018.

The respondent No. 2 does not dispute Consent Terms and Award.

Parties jointly state that as original accused No. 1 was main accused, who has expired, the parties have amicably settled controversy. The shareholding with accused is transferred to the parent company of respondent No. 2, which, it has received. In consideration thereof, sum of Rs. 17,22,600/- has been paid to petitioner, which she has received.

Balance amount of Rs. 1,92,79,050.63 has been waived by respondent No. 2. In view of these developments and joint request, as transaction appears to be purely personal, we make rule absolute in terms of prayer clause (a).

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2