Ashok Pandurang Gomase vs State Of Maharshtra Through Pso ...
2017 Latest Caselaw 9672 Bom

 1512WP260.12-Judgment                                                                          1/3


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.


               CRIMINAL WRIT PETITION NO.  260   OF   2012


 PETITIONER :-                        Ashok   Pandurang   Gomase,   Aged   about   56
                                      years,   Occ:   Service,   R/o   1016,   Ashirwad
                                      Nagar,   Nagpur-24,   1016,   Ashirwad   Nagar,
                                      Nagpur-24. 

                                         ...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.

 ---------------------------------------------------------------------------------------------------
                        Mr.P.B.Patil, counsel for the petitioner.
               Petitioner-Mr.Ashok Pandurang 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. 
 ---------------------------------------------------------------------------------------------------


                                        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

identification. In the said undertaking, the respondent No.2 has agreed

1512WP260.12-Judgment 2/3

to withdraw all the allegations made by him in Criminal Complaint Case

No.3120 of 2008, qua the petitioner and further undertakes not to file

any further litigation as against the petitioner 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

petitioner 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 petitioner does

not press this petition and seeks leave to withdraw the same.

Learned counsel for the petitioner has also tendered an

undertaking dated 14/12/2017 of the petitioner. The same is also taken

on record and marked 'X-1' for identification. In the said undertaking,

the petitioner has 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 petitioner 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