Petitioner, convicted of an offence, moved for quashing after full and final settlement with the complainant. The court quashed the conviction and cited the withdrawal.
Conviction date 12.11.2009 and impugned order dismissed revision application dated 16.3.2011 quashed and set aside; bail bond cancelled.
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52/wp//appw//1192-310.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
WRIT PETITION NO. 1192 OF 2011 WITH
CRIMINAL APPLICATION NO. 310 OF 2011
Ms. Manisha Vashu Ahuja ... Petitioner
Versus
State of Maharashtra and Ors. ... Respondents
Mr. A.M. Saraogi, Advocate for the petitioner.
Mr. Rajesh More, A.P.P. for State.
Mr. Mukesh Pabari for respondent no. 2.
CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 20, 2011
P.C.
Heard Mr. Saraogi for the petitioner.
The learned A.P.P. waives service of notice.
The counsel for respondent no. 2 original complainant is present.
The Petitioner accused Manisha also present. The conviction recorded by
the Learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai was carried in Revision Application No. 148 of 2010 and by order dated
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16.3.2011 the revision application came to be dismissed. Therefore, the
present petition.
The consent terms are recorded by the parties which incorporate that the amount of Rs. 7 lacs. by cheque dated 15.8.2012 is issued in favour of the original complainant which the original complainant has received as and by way of full and final settlement of the controversy between the parties. In addition, original complainant shall be entitled to receive the amount deposited before the leaned Metropolitan magistrate, as well as before the learned Sessions Judge and also before this court in the present proceeding. In the light of the consent terms, the conviction recorded against the petitioner by order dated 12.11.2009 by the learned Metropolitan Magistrate, 50th Court, Bandra and confirmed in Revision Application on 16.3.2011 being Revision Application No. 148 of 2010 is quashed and set aside. The bail bond of the petitioner are cancelled. Since the withdrawal by the respondent original complainant is accepted, no separate application be moved before this court. The Writ Petition as well as Application are disposed of.
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Manisha Vashu Ahuja
State of Maharashtra
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
