The High Court allowed the criminal writ petition following a mediation report and consent terms between the petitioner and respondent No.3, who expressed no objection to the quashing of the referenced case.
Quashing of R.C.C. No.1138 of 2017 pending before Judicial Magistrate First Class, Cantonment Court, Pune.
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.
ssm 1 29-wp16.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 16 OF 2022
Rehan Rafiq Shaikh & Anr. …..Petitioners
Vs.
The State Of Maharashtra & Anr. …..Respondents
Adv. Zeeshan Siddique for the Petitioners. Mrs. M.M. Deshmukh APP, for the Respondent-State. Adv. Najma Sharif for the Respondent No.3.
CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ. DATE : 27th APRIL, 2023.
P.C.:-
has submitted his report in a sealed envelope. The said report is produced
before this Court along with a covering letter dated 18th February, 2023, signed by the Deputy Registrar, Mediation Center, High Court Mumbai. The said envelope is opened in Court.
The Mediator’s report is accompanied with Consent Terms dated 27th February, 2023 duly signed by the Petitioner No.1 and Respondent No.3.
Clause No.6(c) of the said Consent Terms dated 27th February, 2023 provides for quashing of R.C.C. No.1138 of 2017 pending on the file of learned Judicial Magistrate First Class, Cantonment Court, Pune arising
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ssm 2 29-wp16.22.doc
out of C.R. No.379 of 2017 dated 21st September, 2017 registered with Kondhawa Police Station, Pune under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code.
SANJIV SHARNAPPA MASHALKAR
(PRAKASH D. NAIK, J.)
Digitally signed by SANJIV SHARNAPPA MASHALKAR Date: 2023.05.08 16:08:26 +0530
(A.S. GADKARI, J.)
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1 issue framed by the court
Whether to allow the petition for quashing the R.C.C. No.1138 of 2017 arising out of C.R. No.379 of 2017 based on mediation terms and no objection.
Rehan Rafiq Shaikh
The State Of Maharashtra
A. S. Gadkari
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
