Anita W/O Ashok Gomase And Another vs State Of Maharashtra Through Pso ...
2017 Latest Caselaw 9673 Bom

 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.

 ---------------------------------------------------------------------------------------------------
                       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. 
 ---------------------------------------------------------------------------------------------------


                                        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

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