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Bombay High CourtAPPLN/2422/2024application allowed

Safiya Laxminarayan Venkeshwar v. Shaikh Khaliluulah S/O Barkatullah And Other

2024-12-16Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2024:BHC-AUG:29995 Cri.Appln.2422.2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2422 OF 2024 IN REVN/229/2014 WITH CRIMINAL APPLICATION NO. 2423 OF 2024 IN REVN/227/2014 WITH CRIMINAL REVISION APPLICATION NO. 227 OF 2014 WITH CRIMINAL REVISION APPLICATION NO. 229 OF 2014 WITH CRIMINAL REVISION APPLICATION NO. 230 OF 2014 WITH CRIMINAL REVISION APPLICATION NO. 232 OF 2014 Smt. Safiya Laxminarayan Venkeshwar, Age : 73 years, Occu. : Pensioner, R/o. House No. 810, Cantonment, Aurangabad ... Applicant (Orig. Complainant)

Versus

1.

Shaikh Khaliluulah Barkatullah, Age : 70 years, Occu. : Business, R/o. House No. 23, Cantonment, Aurangabad.

... Orig. Accu. No.2 (Orig. Petitioner in Revision) 2.

The State of Maharashtra, Cantonment Police Station, Aurangabad.

Through Police Inspector, 3.

Shaikh Majeedullah S/o. Barkatullah, Age : 68 years, Occu. : Business, R/o. House No. 23, Cantonment, ... Orig. Accu. No.1 Aurangabad.

... Respondents.

.....

Mr. L. D. Vakil, Advocate for Applicant Mrs. Ashlesha Deshmukh, APP for Respondent - State. Mr. M. M. Joshi, Advocate for Respondent No.1. Mr. Nilesh Ghanekar, Advocate for Respondent No.3. .....

CORAM : ABHAY S. WAGHWASE, J.

DATED : 16 NOVEMBER 2024

Cri.Appln.2422.2024 -2ORDER :

1.

Present criminal applications have been preferred for withdrawal of the amount by the original complainant. 2.

Parties seem to be brother and sister, respectively. Today, it is submitted that, as agreed by brother, amount of Rs.11,00,000/- and Rs.9,00,000/- is deposited in this court and hence, sister (present applicant) intends to withdraw the same. Brother, who is represented through learned Advocate Mr. M. M. Joshi, is also present in the court today.

3.

After hearing each of the side, there are some other issues. Primarily, brother do not have objection for withdrawal of the amount by sister. Therefore, only application for withdrawal is decided today and other issues, if any, would be dealt on next date. 4.

Both applications for withdrawal are allowed. The applicant - original complainant is permitted to withdraw amount of Rs.11,00,000/- and Rs.9,00,000/-, respectively, alongwith interest, if any.

5.

Place remaining matters for consideration on 27.01.2025.

(ABHAY S. WAGHWASE, J.) Tandale