In CRIMINAL APPLICATION NO. 1061 OF 2014, the Aurangabad Bench allowed an application by Suresh Vasant Bhat after verifying an affidavit of settlement with the complainant.
Criminal Application is allowed in respect of applicant Suresh Vasant Bhat and stands disposed of under prayer clause (B).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1061.14crapln
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
_____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders |
______________________________________________________ CRIMINAL APPLICATION NO. 1061 OF 2014
SURESH VASANT BHAT AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Applicants : Mr.Awasarmol Rahul O. APP for Respondents/State: Smt.M.S. Patni. Advocate for Respondent 2 : Mr.V.B. Jogdand Patil h/f Mr.Bangar Sharad B.
CORAM : S.S. SHINDE & A.M. BADAR, JJ. Dated: FEBRUARY 25, 2015
Heard.
2 Learned Counsel for the parties jointly submit that the matter is amicably settled between the applicant Suresh Vasant Bhat and the complainant. To that effect, the complainant has filed affidavit. Complainant is present before this Court and states that the said affidavit has been filed on her instructions and settlement arrived at between the applicant Suresh Vasant Bhat and the complainant is with free will and without any coercion. Upon perusal of the contents of the
1061.14crapln
2
affidavit, it appears that there is no specific mention about the name of the applicant Suresh Vasant Bhat with whom the complainant has amicably settled the dispute. However, the complainant has stated before this Court that she has settled the dispute amicably only with applicant No.1 Suresh Vasant Bhat. Even otherwise, upon perusal of the allegations in the complaint, the role ascribed to him is of mediator of marriage.
3 In that view of the matter, in order to prevent abuse of process of Court and to secure ends of justice, the settlement deserves to be accepted.
4 This application is allowed in terms of prayer clause (B) and stands disposed of.
This Court on 5th September, 2014 has already dismissed the application of applicants No.2 and 3 since the same was withdrawn by the Counsel for the applicants and, therefore, it is needless to observe that the application is allowed only in respect of applicant Suresh Vasant Bhat.
(A.M. BADAR, J) (S.S. SHINDE, J)
kadam/
1 issue framed by the court
Whether a criminal application should be allowed when the applicant has amicably settled the dispute with the complainant despite minor omissions in the settlement affidavit.
SURESH VASANT BHAT
ANOTHER
THE STATE OF MAHARASHTRA
ANOTHER
S.S. SHINDE
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
