The High Court cognizance of the matter by reading the affidavit filed by the complainant which shows settlement between parties and accordingly allows the writ petition to quash the order of issuance of process .
Order dated 12th November, 2018 of issuance of process is 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.
518.WP802_2019.doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION No. 802 OF 2019
Abdul Salam Karim Shaikh & Ors. … Petitioners
vs.
The State of Maharashtra & Anr. … Respondents
Mr. Sahail Ahmed i/b. Mr. Rajendra Rathod, Advocate for the petitioners.
Mr. Vinod Chate, APP for the respondent/State.
Mr. Imtiyaz Ahmed I. Patel, Advocate for respondent no. 2.
CORAM: Mrs.MRIDULA BHATKAR, J. DATED: 25th April, 2019
P.C. :
Upon mentioning, taken on production board.
have amicably settled the matter and, therefore, the order of issuance of process dated 12th November, 2018 under sections 323, 504, 506(2) of Indian Penal Code passed by the learned Judicial Magistrate First Class, Kankavali in Regular Criminal Case No. 79 of 2018 be quashed and set aside.
the affidavit dated 25th April, 2019 wherein he has made the
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518.WP802_2019.doc
statement in paragraph 4 that he has agreed to withdraw all the allegations against the petitioners made in the said criminal complaint. He has also mentioned in paragraph 3 that he does not wish to proceed with the said criminal case R.C.C. No. 79/2018 and the matter is settled.
(MRIDULA BHATKAR, J.)
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1 issue framed by the court
Whether the issuance of process order should be quashed in view of the settlement by the parties.
1 provisions across 1 enactments
Abdul Salam Karim Shaikh & Ors.
The State of Maharashtra
Mridula Bhaktar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
