Nishant S/O Shamrao Gadpayle And Another v. Shamrao S/O Fattujii Gadpayle

Order 0710apl98.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APL] NO. 98/2016.

Nishant Shamrao Gadpayle, ead through L.Rs.

-VERSUSShamrao Fattujji Gadpayle.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri R.S. Kurhekar, Advocate for the Applicant. Shri S.A. Bramhe, Advocate for the Non-applicant. .....

CORAM: VINAY JOSHI, J.

DATE : OCTOBER 07 , 2022 .

Heard.

2.

Both parties are personally present before the Court.

3.

The learned Counsel appearing for the non-applicant on instructions submit that the nonapplicant has already withdrawn the private complaint bearing R.C.C.No.2266/2015, out of which the present criminal application arose. The said withdrawal was on account of settlement which took between the parties, which has been reflected in the order of this Court dated Rgd.

Order 0710apl98.16 22.07.2022. He has also submitted that in pursuance of the said settlement term, he has deposited an amount of Rs.15,50,000/- in this Court, which the applicant no.2 Smt. Bharti Gadpayale may withdraw, as he has received the keys, as per settlement.

4.

The learned Counsel appearing for the applicant conceded to the position that the applicant has already vacated the premises and handed over the keys. He requested for permitting the applicant Smt. Bharti to withdraw the amount which is deposited towards full and final settlement of whatsoever claims by her against the non-applicant.

5.

In view of above, nothing survives in the matter and therefore, the same is disposed of. The applicant no.2 Smt. Bharti Gadpayale is permitted to withdraw the amount of Rs.15,50,000/- along with accrued interest, if any, deposited in this Court.

JUDGE Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur Rgd.