Pranali W/O Nityanand Telang v. State Of Maharashtra, Through Pso Warora, Chandrapur And Another

0510apl234.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 234 OF 2016 (Pranali w/o Nityanand Telang vs. The State of Maharashtra thr. PSO, Warora, Dist. - Chandrapur & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

OCTOBER 05, 2016.

Heard Shri S.V. Sirpurkar, learned counsel for the applicant and Mrs. K.S. Joshi, learned APP for non-applicant No.1. Nobody appears for non-applicant No. 2. Non-applicant No. 2 is already served with a notice for final disposal but still he has chosen not to appear. Office note dated 02.05.2016 shows that Nonapplicant No. 2 was served before the said date. Thus, therefore, more than five months have passed but still he has chosen not to appear and contest.

The dispute between the parties arose out of civil transaction and in Civil Suit, a compromise decree is already passed. In fact thereafter the department suggested filing of "C" summary but considering the nature of allegations, approving authority viz., S.D.P.O. did not send it.

The sale deed executed in favour of the applicant is accepted by non-applicant No. 2 in compromise. In this situation, in view of the compromise which has been reached before the Civil Court, we dispose of the application and make the rule absolute in terms of prayer clause (1). No costs.

JUDGE JUDGE *GS.

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