1512WP259.12-Judgment 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 259 OF 2012
PETITIONERS :- 1. Anita W/o Ashok Gomase, Aged about 67
years, Occ: Household,
2. Deepali Ashok Gomase, Aged 27 years, Occ:
Service,
Both R/o 1016, Ashirwad Nagar, Nagpur-4.
...VERSUS...
RESPONDENTS :- 1. State of Maharashtra, Through Police
Station Officer, Imambada, Nagpur.
2. Shyamdeo Kashiramji Titarmare, Aged 62
years,Occ: Retired, R/o Plot No.270,
Chandan Nagar, Near Medical Square,
Nagpur.
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Mr.P.B.Patil, counsel for the petitioners.
Petitioner No.1-Mrs.Anita Ashok Gomase in person.
Mr.A.M.Joshi, A.P.P. for the respondent No.1.
Mr. R.P. Thote, counsel for the respondent No.2.
Respondent No.2-Mr.Shyamdeo Kashiramji Titarmare in person.
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CORAM : REVATI MOHITE DERE, J.
DATED : 15.12.2017 O R A L J U D G M E N T Learned counsel for the respondent No.2 has tendered an undertaking dated 14/12/2017 of the respondent No.2-Mr.Shyamdeo Kashiramji Titarmare. The same is taken on record and marked 'X' for ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 02:15:51 ::: 1512WP259.12-Judgment 2/3 identification. In the said undertaking, the respondent No.2 has agreed to withdraw all the allegations made by him in Criminal Complaint Case No.3120 of 2008, qua the petitioners and further undertakes not to file any further litigation as against the petitioners vis-a-vis the subject matter of Criminal Complaint Case No.3120 of 2008.
2. Learned counsel for the respondent No.2 on the instructions of the respondent No.2, who is personally present in the Court today, states that the respondent No.2 will take appropriate steps before the learned Magistrate for withdrawing all allegations qua the petitioners on or before 10/01/2018.
Statement accepted.
3. In view of the undertaking given by the respondent No.2 in the aforesaid writ petition, the learned counsel for the petitioners does not press this petition and seeks leave to withdraw the same.
Learned counsel for the petitioners has also tendered an undertaking dated 14/12/2017 of the petitioners. The same is also taken on record and marked 'X-1' for identification. In the said undertaking, the petitioners have undertaken not to file any proceedings as against the respondent No.2 in connection with Criminal Complaint Case No.3120 of 2008, or a suit for malicious prosecution etc.
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4. Both, the petitioners and the respondent No.2 shall comply with their respective undertakings.
5. In view of the undertaking dated 14/12/2017 tendered by the respondent No.2, nothing survives for consideration in the present petition. Accordingly, the petition is disposed of on the aforesaid terms.
Rule stands discharged. There shall be no order as to costs.
6. All the parties to act upon the authenticate copy of this order.
JUDGE KHUNTE ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 02:15:51 :::