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Bombay High CourtAPPLN/4118/2022application allowed

Sarita Sheshrao Sabale @ Sarita Abhijeet Kothari v. The State Of Maharashtra And Another

2023-11-10Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

26-sr.975.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3060 OF 2019 Abhijeet s/o. Rajesh Kothari and others.

vs.

State of Maharashtra and anr.

WITH CRIMINAL APPLICATION NO.4116 OF 2023 Abhijeet s/o. Rajesh Kothari and anr.

Vs.

State of Maharashtra WITH CRIMINAL APPLICATION NO.4115 OF 2023 Abhijeet s/o. Rajesh Kothari vs.

The State of Maharashtra and anr.

WITH CRIMINAL APPLICATION NO.4161 OF 2023 Sarita Sheshrao Sabale @ Kothari Vs.

State of Maharashtra and anr.

WITH CRIMINAL APPLICATION NO.2423 OF 2019 Savita Sheshrao Sable and ors.

Vs.

State of Maharashtra and anr.

WITH CRIMINAL APPLICATION NO.4118 OF 2022 Sarita Sheshrao Sable @ Sarita Abhijeet Kothari vs.

The State of Maharashtra and anr.

26-sr.975 Mr.N.S.Ghanekar, Advocate for applicant(s) in Cri. Application Nos.3060 of 2019, 4116 of 2023, 4115 of 2023 and for respondent/informant in Cri. Application Nos.4161 of 2023, 2423 of 2019 and 4118 of 2022 Mr.R.R.Karpe along with Mr.S.E.Shekade, Advocates for applicant(s) in Cri. Application Nos.4161 of 2023, 2423 of 2019 and 4118 of 2022 and for respondent/informant in Cri. Application Nos.3060 of 2019, 4116 of 2023, 4115 of 2023 Mr.S.J.Salgare, APP for State ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : NOVEMBER 10, 2023 ORDER :- Leave to add prayer clause in Criminal Application No.4118 of 2022. Amendment be carried out forthwith. 2.

This is a group of six Writ Petitions. It is a case of five FIRs lodged against one another. Both the informants have arrived at settlement. Both of them give express consent to quash the FIRs, registered by one another. Both the informants are practicing Advocates and are well educated. The terms of settlement are placed on record. The terms of settlement have been verified before the Officer of this Court. The same are taken on record and marked as "X-1" for identification. The parties are present before us.

26-sr.975 3.

With a view to give quietus to the dispute, we allow the applications in terms of the following order:- (i) Criminal Application No.3060 of 2019 is allowed in terms of prayer clauses (B) and (B-1); Criminal Application Nos.4116 of 2023, Criminal Application No.4115 of 2023 and Criminal Application No.4161 of 2023 are allowed in terms of prayer clause (B); Criminal Application No.2423 of 2019 is allowed in terms of prayer clauses (B), (H) and (I); and Criminal Application No.4118 of 2022 is allowed in terms of prayer clause (C). The applicants shall together deposit an amount of Rs.50,000/- (Rupees Fifty Thousand) as costs in this Court within five weeks. Upon deposit of the amount of costs, the same be paid to Maharashtra National Law University, Aurangabad.

4.

List for compliance on 21.12.2023.

[SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP