Sindhubai W/O. Shivaji Javak And ANR v. The State Of Maharashtra And ANR

911 appln.4078.17 anr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

911 CRIMINAL APPLICATION NO. 4078 OF 2017 1) Sindhubai W/o. Shivaji Javak.

2) Vidya W/o. Ravindra Sarode.

... Applicants

Versus

1) The State of Maharashtra.

2) Shilpa W/o. Sandip Javak.

... Respondents AND CRIMINAL APPLICATION NO. 5486 OF 2017 Sandip S/o. Shivaji Javak.

... Applicant

Versus

1) The State of Maharashtra.

2) Shilpa W/o. Sandip Javak.

... Respondents ...

Mr. Anant R. Devakate, Advocate for Applicants. Mr. P. K. Lakhotiya, A.P.P. for Respondent/State. Mr. P. R. Nangare, Advocate for Respondent No.2. ...

CORAM :

SARANG V. KOTWAL AND BHARAT P. DESHPANDE, JJ.

DATE :

19th July, 2022.

P.C.:

.

Both learned counsel appearing for the rival parties make a joint statement that the matter is settled between the parties. These applications are filed on merits of the matter. Learned counsel for the

911 appln.4078.17 anr.odt applicants seeks withdrawal of these applications with liberty to file fresh applications on the ground of settlement. Learned counsel also seeks liberty to approach the Trial Court by way of discharge application in case settlement is not put forth before this Court through consent affidavit. Considering this request, following order is passed:

O R D E R

I.

Both these applications are allowed to be withdrawn. II.

The applicants are at liberty to prefer separate applications on the ground of settlement with consent affidavit of the first informant giving no objection for quashing of the proceedings.

III.

In the alternative, in case, the settlement is not brought on record before this Court through fresh applications and the settlement fails, the applicants are at liberty to file discharge applications before the Trial Court. IV.

If such applications are filed, they shall be decided on their own merits in accordance with law.

V.

With these observations, both the applications are disposed of.

[ BHARAT P. DESHPANDE, J. ] [ SARANG V. KOTWAL, J. ] nga