High Court made Rule absolute and quashed Crime No.82 of 2019, its charge sheet, and Criminal Case R.C.C. No.2405 of 2019 upon joint request by parties and consent affidavit post-arbitral award acceptance.
Rule made absolute; Crime No.82 of 2019, charge sheet, and Criminal Case R.C.C. No.2405 of 2019 quashed and set aside.
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.
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pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1084 OF 2019
Amit Dhanvilas Shitole and Ors.… Petitioners
Vs.
The State of Maharashtra and Anr.… Respondents
Mr. Adwait Bhonde for the Petitioners.
Mr. Rajdeep D. Gude for the Respondent No.2.
Mr. S.S. Pednekar, APP for the Respondent No.1 – State.
CORAM : B. P. DHARMADHIKARI &
SMT. SADHANA S. JADHAV, JJ.
DATE : 26th NOVEMBER 2019.
P.C.:
1Petitioners are present with their Advocate. Respondent No.2
is present with his Advocate. Parties are jointly requesting for quashing of
Crime No.82 of 2019 at Yerwada Police Station.
2It appears that consent terms have been reached between
parties on 20th September 2019. Consent terms are in furtherance of
Award/Order of Arbitrator dated 4th June 2019.
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3Today, complainant has given separate affidavit accepting
these developments and giving no objection.
4Copy of award is taken on record as Exhibit – A, consent
terms as Exhibit – B and the affidavit as Exhibit – C.
5In view of these developments and joint request, we make
Rule absolute in terms of prayer clause (a).
6Consequential charge sheet filed in said crime and Criminal
Case R.C.C. No.2405 of 2019 is also quashed and set aside.
(SMT. SADHANA S. JADHAV, J.) (B.P. DHARMADHIKARI, J.)
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2 issues framed by the court
Whether the criminal case should be quashed in view of consent terms and award of arbitrator.
Whether the consequential charge sheet and criminal case should be set aside.
Amit Dhanvilas Shitole and Ors.
The State of Maharashtra and Anr.
B. P. Dharmadhikari
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court