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Bombay High CourtWP/1177/2024disposed off

Piyush Pradip Masalkar And Other v. The State Of Maharashtra And Another

2024-09-04Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2024:BHC-AUG:21706-DB 15-crwp1177.24 and cr.appln2540.24.odt [Corrected order in view of the speaking to the minutes order dated 18.09.2024]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1177 OF 2024 Piyush Pradip Masalkar and ors.

..Petitioners Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.Yogesh Gaikwad, Advocate for petitioners Mrs.Kalpalata Patil Bharaswadkar, APP for respondent no.1 Mr.Sohail S. Subhedar, Advocate h/f. Mr.N.S.Ghanekar Advocate for respondent no.2 ---- AND CRIMINAL APPLICATION NO.2540 OF 2024 Vijayrao s/o. Deoraoji Wakekar and anr.

..Applicants Vs.

State of Maharashtra and anr.

..Respondents ---- Mr.Ojas A. Deshpande, Advocate h/f. Mr.S.S.Chapalgaonkar, Advocate for applicants Mrs.Kalpalata Patil Bharaswadkar, APP for respondent no.1 Mr.Sohail S. Subhedar, Advocate h/f. Mr.N.S.Ghanekar Advocate for respondent no.2 ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

SEPTEMBER 04, 2024 ORDER :- Learned counsel for the applicants/petitioners and learned counsel for respondent no.2 - informant/victim submit that the parties

15-crwp1177.24 and cr.appln2540.24 have settled the matter. They submit that this Court passed order on 07.08.2024, which reads as under:- 1.

Mr.Sohail Subhedar, learned Advocate submits that he has instructions to appear for respondent no.2. He as well as learned Advocate for petitioners in Writ Petition No.1177 of 2024 confirms that there is compromise between the parties.

2.

The parties are directed to place settlement deed on record within a week and the parties are directed to appear before the learned Registrar (Judicial) on 19-08-2024 at 02:00 p.m., whereupon, learned Registrar (Judicial) to record verification and submit report on or before 23-08-2024.

3.

Place the matter for further consideration on 26-08-2024 2.

The report of learned Registrar (Judicial) of this Court is placed on record, which shows that the parties appeared before him and they voluntarily entered into compromise with free will. The settlement deed is enclosed with said report. 3.

We have perused the report, wherein it is stated that both the parties are entering into settlement deed out of their free will, consent and without any coercion. The said report and the terms and conditions of settlement deed are taken on record and marked as "X" for identification.

15-crwp1177.24 and cr.appln2540.24 4.

Learned APP submits that appropriate order may be passed.

5.

In view of the settlement between the parties, we proceed to pass the following order:-

ORDER

(i) Criminal Application No.2540 of 2024 is allowed in terms of prayer clause (A).

(ii) Criminal Writ Petition No.1177 of 2024 is allowed in terms of prayer clause (B).

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP