Bombay High Court
DAGDU GUNDU KAMBLE AND ORS.versusPRIYANKA PRADIP KAMBLE AND ANR.
- Disposal
- Dismissed as Withdrawn
Holding
Since the respondent and one of the applicants have undertaken to withdraw the pending criminal proceedings, the application is dismissed as withdrawn.
Summary
The matter concerned a criminal application filed by Dagdu Gundu Kamble and others against Priyanka Pradip Kamble and others. During the hearing, Respondent No. 1 indicated that he would withdraw the criminal proceedings pending against Applicant Nos. 1 and 2 before the trial court and gave an undertaking to that effect. Applicant No. 3 also expressed a desire to withdraw his part of the application and provided a similar undertaking. The Court noted that, with both parties seeking withdrawal, there was no longer any controversy requiring adjudication. Consequently, the Court ordered that the application be kept for noting compliance with the undertakings and dismissed the application as withdrawn with respect to Applicant No. 3. The application was ultimately disposed of, pending compliance by 1 October 2026.
Subjects
- withdrawal of criminal proceedings
- application dismissed
- undertaking
- compliance
- criminal appellate jurisdiction
Judgment
902-APL-957-2025 (CR).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 957 OF 2025
Dagdu Gundu Kamble And Ors. ..… Applicant
VERSUS
Priyanka Pradip Kamble And Anr. ..… Respondents
...
Adv. Kalyani Mangave (Through VC) a/w Adv. Siddhesh Kadam, Advocates
for Applicant.
Mr. Abhinav Tayade (Through VC) a/w Adv. Chinmay Patil, Adv. Giridhar S.
Koli, Advocates for Respondent No. 1.
Mr. Anand S. Shalgaonkar, APP for Respondent No. 2-State.
...
CORAM : ABHAY J. MANTRI, J.
DATE : AUGUST 28, 2026
PER COURT :
1. Yesterday, when the matter was on board, during the course of
hearing, a query was put to the learned Advocate for Respondent No. 1 as to
what does Respondent No. 1 intend to do regarding the proceedings initiated
against Applicant Nos. 1 and 2 before the learned Trial Court, i.e. whether
Respondent No. 1 intends to continue with the proceedings against Applicant
Nos. 1 and 2 before the learned Trial Court or otherwise. As such, he sought
time.
2. Today, on instructions from Respondent No. 1, he submits that
Digitally
signed by
TALLE
SHUBHAM
Respondent No. 1 does not want to proceed against Applicant Nos. 1 and 2
TALLE
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2026.08.29
10:46:10
+0530
and undertakes to withdraw the proceedings against them before the learned
Shubham Page 1 of 2
902-APL-957-2025 (CR).odt
Trial Court on or before the next date, i.e. 28.09.2026 before the learned Trial
Court. His statement is accepted as an undertaking given to this Court.
3. In response, the learned Advocate for the Applicants, on
instructions, submits that Applicant No. 3 does not wish to proceed with the
Application and seeks withdrawal of the proceedings to his extent. Her
statement is accepted as an undertaking given to this Court.
4. In view of the above submissions, it appears that Respondent
No. 1, who is the Applicant before the learned Trial Court, undertakes to
withdraw the proceedings against Applicant Nos. 1 and 2. Therefore, it is not
necessary to pass any order on this Application at this stage. However, the
Application can be kept for noting compliance with the undertaking given by
Respondent No. 1 to this Court.
5. Similarly, Applicant No. 3 does not wish to proceed with the
Application. Hence, the Application stands dismissed as withdrawn insofar as
Applicant No. 3 is concerned.
6. In view of the above, the Application is disposed of and kept for
compliance on 1st October, 2026.
(ABHAY J. MANTRI, J.)
Shubham Page 2 of 2
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