Anil Mohan Khome And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:20946-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 30 CRIMINAL APPLICATION NO. 1845 OF 2023 ANIL MOHAN KHOME AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. P.S. Patil, Additional P.P. for Resp. No.1. Mr. Y.S. Choudhari Advocate for Resp. No.2.

...

CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATE : 5th AUGUST 2025 ORDER :

1.

Learned Advocate Mr. D.R. Markad submits that the applicants have taken the papers from him with no objection and therefore, he be discharged. A person by name Mohan Khomne is present before the Court, who is stated to be the father of applicant Nos.1 and 2 and husband of applicant No.4, who admits that the papers have been taken from the Advocate on record of the applicants. Under such circumstance, Advocate Mr. D.R. Markad is discharged.

2.

In spite of knowledge, it appears that the applicants have not engaged any other Advocate. We do not want to consider any request from the person who is present and he is not applicant. Several times the matter is adjourned only to facilitate the parties to arrive at a compromise since there were cross complaints. We can certainly say that from 23rd September 2024 the matter is getting adjourned on the count of compromise terms. Our order dated 17th July 2025, is very much clear. When the statement was made on behalf of the applicants and respondent No.2 that the parties are willing to settle their dispute amicably, we had granted last adjournment and directed that if the settlement arrives at, then the settlement deed/ terms should be produced on record on or before 29th July 2025 and the parties were directed to appear before the learned Registrar (Judicial) on that day, who was supposed to verify the terms and place the report regarding the same before this Court. Learned Registrar (Judicial) has submitted a report stating that the parties were not present before him.

3.

Neither the applicants have then desire to proceed with the matter nor they want to finalize the settlement. Under such circumstance, this is not a fit case where the powers can be

exercised under Section 482 of the Code of Criminal Procedure, as the applicants are not proceeding with the matter further. Therefore, Criminal Application No.1845 of 2023 stands dismissed.

[SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/AUG25