ATUL S/O. BABASAHEB KHILLARI v. THE STATE OF MAHARASHTRA AND ANR
WP/992/2019 · 2026-09-03
body2019
DailyLaw.ai
[ 2019 DAILYLAW 3709 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 3709 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
970-WP-992-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 970 CRIMINAL WRIT PETITION NO. 992 OF 2019 Atul S/o. Babasaheb Khillari VERSUS The State Of Maharashtra And Anr Mr. K. N. Shermale, Advocate for the Petitioner Mr. S. B. Narwade, APP for Respondent No. 1 Mr. Umesh Mote, Advocate for Respondent No. 2
CORAM :R.M. JOSHI, J DATE :SEPTEMBER 03, 2026 P. C. :
1.
Learned Counsel for the Petitioner points out that to the Court that in view of the order dated 07.04.2026, settlement terms are filed on record within four weeks. As such, no cost is required to be paid.
2. This Court finds substance in the contention of learned Counsel for Petitioner, as such, Petitioner is not required to pay/deposit any cost.
3.
Learned Counsel for the Petitioner and Respondent No. 2/Informant jointly make statement that parties have settled the dispute. The victim has filed affidavit confirming the said fact. Since victim does not wish to proceed against the Petitioner, she records no objection for allowing the Petition.
4. Learned APP opposed the said submissions by referring to the nature of crime. 2026:BHC-AUG:40183-DB
970-WP-992-2019.odt
5.
Learned Counsel for the Petitioner, on instructions, makes voluntary statement that the Petitioner would deposit sum of Rs.10,000/- within four weeks.
6. Since offence is in personal nature against victim and victim itself does not wish to prosecute the same, this Court finds no reason not to accept the consent terms. Hence, Writ Petition stands allowed in terms of prayer clauses ‘B’, ‘B1’, ‘B2’ subject to payment of cost of Rs.10,000/- (Rupees Ten Thousand) by Petitioner to High Court Legal Aid Services Sub- Committee, Aurangabad within four weeks from today.
(R. M. JOSHI, J.) Malani