Bhaurao S/O. Apparao Patil And Others v. The State Of Maharashtra And ANR

CriWP-1131-2020 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CRIMINAL WRIT PETITION NO. 1131 OF 2020 BHAURAO S/O. APPARAO PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for Petitioners : Mr. Krishna P. Rodge APP for Respondent No.1-State : Mr. S. P. Deshmukh Mr. Hansraj s/o Govindrao Bhure, Respondent No.2 appeared in person .....

CORAM : V. K. JADHAV AND SANDIPKUMAR. C. MORE, JJ.

DATED : 29th OCTOBER, 2021 PER COURT:- We have heard learned counsel for the petitioners for some time.

2.

This is the case of the year 2010. Learned counsel for the petitioners has tried to convince us that the petitioners are seeking quashing of the proceedings on the basis of settlement in the form of M.O.U. We have carefully gone through the affidavit-in-reply of respondent no.2 who is before us in person. It appears from the contents of the affidavit-in-reply that respondent no.2 has contested the Writ Petition.

3.

Learned counsel for the petitioners thus, on instructions, seeks leave to withdraw this petition. Learned counsel submits that the petitioners and respondent no.2 would file the compromise before the

CriWP-1131-2020 -2trial court. In case the trial court refuses to consider the said compromise because certain offences alleged to have been committed by the petitioners are non-compoundable, the petitioners may be granted liberty to file a petition for quashing of the proceedings again.

4.

Leave granted. The Criminal Writ Petition is hereby dismissed as withdrawn. The petitioners are at liberty to file the compromise and in case if the same is not accepted by the trial court for the reason that some of the charges levelled against the petitioners are non-compoundable, in that event the petitioners would be at liberty to file a criminal application/writ petition for quashing of the proceedings again.

(SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.) rlj/