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2022 DAILYLAW 3169 (BOM)

M/S. SURAJ ESTATE DEVELOPER AND ANR. v. DILIP ASHOK DESAI AND ANR.

WP/3069/2022 · 2026-09-07

body2022

Judgment text

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1/3 19-WP-3069-2022 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 3069 OF 2022 M/s. Suraj Estate Developer And Anr. …...Petitioners VERSUS Dilip Ashok Desai And Anr. …...Respondents _________________________________________________________________ Mr. Ishan Kapse, for Petitioners. Mr. Atul M. Khilari, for Respondent No.1. Mr. S. H. Yadav, APP for Respondent No.2 – State. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 7th SEPTEMBER, 2026. P.C. 1. Heard Mr. Ishan Kapse, learned Advocate for the Petitioners, Mr. Atul M. Khilari, learned Advocate for Respondent No.1 and Mr. S. H. Yadav, learned A.P.P., for Respondent No.2 – State. 2. By the present Petition, the Petitioner has sought the following substantial relief: “a) This Hon’ble Court be pleased to issue Writ of Certiorari or any other appropriate writ, order or direction thereby calling for records and proceedings in respect of Summary Criminal Case No.1438/2022 filed by Respondent no.1, from the office of Ld. 7th Judicial Magistrate, First Class, Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.07 19:21:49 +0530 2/3 19-WP-3069-2022 (CR).DOC Kolhapur and after calling for the same, be pleased to quash the said Complaint on such terms and conditions as this Hon’ble Court may deem fit and proper; b) This Hon’ble Court be pleased to issue of Writ of Certiorari or any other appropriate writ, order or direction thereby calling for records and proceedings in respect of Summary Criminal Case No.1438 of 2022 filed by Respondent No.1, from the office of Ld. 7th Judicial Magistrate, First Class, Kolhapur and after calling for the same, be pleased to examine the legality and propriety of the judgment and order passed by the Ld.7th Judicial Magistrate, First Class, Kolhapur dated 09.06.2022 and after examining the same, be pleased to quash the said Complaint on such terns and conditions as this Hon’ble Court may deem fit and proper.” 3. Mr. Ishan Kapse, learned Advocate for the Petitioners, on instructions from the Petitioners, states that the subject matter of the present Petition has been amicably resolved between the Petitioners and Respondent No.1. 4. Mr. Atul M. Khilari, learned Advocate for Respondent No.1 confirms the said statement. 5. In view of the statement made by Mr. Ishan Kapse, learned Advocate for the Petitioners, and Mr. Atul M. Khilari, learned Advocate for Respondent No.1, Mr. S. H. Yadav, learned A.P.P., for Respondent No.2 – State submits that nothing survives in the present Petition. Shantanu S. Dhudum 3/3 19-WP-3069-2022 (CR).DOC 6. In view of the above, Mr. Ishan Kapse, learned Advocate for the Petitioners, seeks leave to withdraw the present Petition. Leave is granted. 7. Criminal Writ Petition No.3069 of 2022 is disposed of as withdrawn. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum