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Bombay High CourtAPL/1/2024disposed off

Rajendra Shamrao Honmare And ORS v. State Of Maharashtra And ANR

2025-06-09Hon'Ble Shri Justice Madhav J. Jamdar11 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1069 OF 2019 Rajendra Honmare & Ors.

...Applicants

Versus

The State of Maharashtra & Anr.

...Respondents

WITH CRIMINAL APPLICATION NO.01 OF 2024 Rajendra Honmare & Ors.

...Applicants

Versus

The State of Maharashtra & Anr.

...Respondents

Ms. Sonali R. Chavan i/b. Dr. Uday P. Warunjikar and Mr. Sumit S. Kate, for the Applicants in APL/1069/2019 and APL/01/2024. Mr. Dilip Bodake, for the Respondents in APL/1069/2019 and for the Respondent No.2 in APL/01/2024..

Mr. D. J. Haldankar, APP, for the Respondent-State in APL/1069/2019 and APL/01/2024.

Mr. Rajendra Honmare, the Applicant No.1 (present through V.C.) in APL/1069/2019.

Mr. Khanderao Shinde, the Applicant No.2 (present through V.C.) in APL/1069/2019.

Mr. Vaijanath Jaguste, the Applicant No.3 (present through V.C.) in APL/1069/2019.

Mr. V. V. Rajshekhar, the Applicant No.4 (present through V.C.) in APL/1069/2019.

Ms. Sumalata Rajshekhar, the Applicant No.5 (present through V.C.) in APL/1069/2019.

Mr. Abhijeet Mane, the Respondent No.2 (present through V.C.) in APL/1069/2019.

Ms. Chitra Abhijit Mane, the Respondent No.2 (present through V.C.) in APL/01/2024.

Digitally signed by SONALI MILIND PATIL Date:

2025.06.10 10:06:46 +0530 SONALI MILIND PATIL

CORAM:

MADHAV J. JAMDAR, J.

DATED :

9th JUNE 2025 P. C.:

1.

By the present Criminal Applications, the Applicants are seeking the following reliefs:

Reliefs in Criminal Application No.1069 of 2019: "a) This Honourable Court be pleased to call for the record and proceeding of the Order below Exhibit 1 passed by the learned 6th Judicial Magistrate First Class, Satara dated 11.7.2019 in Criminal Misc. Application No.463 of 2018 and after going through the same and satisfying about the legality, validity and propriety of the same be pleased to quash and set aside the same by invoking the powers under Section 482 of Cr.P.C. and/or 227 of the Constitution of India, 1950."

Reliefs in Criminal Application No.01 of 2024: "a) This Honourable Court be pleased to call for entire record and proceeding of the RCC No.420 of 2019 and Order below Exhibit 1 passed by the learned 6th Judicial Magistrate First Class, Satara dated 15/07/2022 in RCC NO.420 of 2019 and after going through the same and satisfying about the legality, validity and propriety of the same be pleased to quash and set aside the same by invoking the powers under Section 482 of Cr.P.C."

2.

By the order dated 4th October 2024, a learned Single Judge had directed both the parties to appear before the Mediation

Centre for exploring the possiblity of settement. Accordingly, Officer on Special Duty, (Mediation Centre), Bombay High Court, Mumbai has submitted a report dated 5th May 2025 along with report of Ms. Sheela S. Balsari, Advocate and Mediator stating that the parties have settled the dispute and the Consent Terms signed by the parties are annexed to the said Mediation Report. 3.

All the parties are present through V.C. and all of them state that both these Criminal Applications are settled in terms of the Consent Terms.

4.

Accordingly, the said Mediation Report alongwith the Consent Terms are taken on record and marked 'X' for identification. The said Consent Terms read as under:

5.

Various statements recorded in the Consent Terms executed between the Applicants and the Respondent Nos.1 and 2 are accepted as undertakings given to this Court. 6.

Accordingly, in view of the Consent Terms executed between the Applicants and the Respondent Nos.1 and 2, the Criminal Application No.1069 of 2019 and Criminal Application No.01 of 2024 are allowed in terms of prayer clause (a) and disposed of as such.

7.

This Court places on record the appreciation of the efforts taken by Ms. Sheela S. Balsari, learned Advocate and Mediator. [MADHAV J. JAMDAR, J.]