Atul Madhukar Bagul And Others v. The State Of Maharashtra And Others

2024:BHC-AUG:20802 580.2023WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

3 CRIMINAL WRIT PETITION NO. 580 OF 2023 ATUL MADHUKAR BAGUL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioners : Mr. Warma Bharatkumar Ramdeo APP for Respondent/State : Mr.P.K. Lakhotiya Advocate for Respondent no.2 : Mr. Shah Mohit S. ...

CORAM : SHIVKUMAR DIGE, J.

DATE :

4th September, 2024.

P.C.:

1.

Not on board. On being mentioned, taken on board. 2.

The learned counsel for the petitioners submits that the matter is settled before the Mediator between both the parties The settlement terms are placed on record, the same are marked as "Article-X" for identification. As per clause 7-A of the settlement terms, it is prayed to dispose of the proceedings in R.C.C. No. 249 of 2019. Hence requested to allow the writ petition.

3.

The learned counsel for respondent no.2 has no objection for it. 4.

I have heard both the learned counsel. Perused the mediation report and settlement terms between both the parties. 5.

The petitioners and respondent no.1 are present before the Court. They agreed the settlement terms. In clause 7-A of the settlement terms, it is mentioned that R.C.C. No.249 of 2019 pending before the learned Judicial Magistrate, First Class (Court No.2),

580.2023WP.odt Chalisgaon, Dist. Jalgaon is settled. Considering these facts, I pass the following order :-

ORDER

(i) The impugned order dated 16th February, 2023 in Criminal Revision Application No.145/2019 passed by the Additional Sessions Judge, Jalgaon confirming the order dated 20th September, 2019 passed below Exhibit-1 in Criminal Misc. Application No.768 of 2018 issuing process against the present petitioners by the Judicial Magistrate, First Class, (Court No.2), Chalisgaon are quashed and set aside.

(ii) The proceedings in R.C.C. No.249/2019 pending before the Judicial Magistrate, First Class (Court No.2), Chalisgaon, Dist. Jalgaon is quashed and set aside.

(iii) The petition is disposed of accordingly.

[ SHIVKUMAR DIGE, J. ] sga