Bombay High Court

M/S KAY KAY TRADING CO, THROUGH ITS PARTNER NISHIT KHETANversusZULFEEQUAR DAULATKHAN SARGUROH

Decided: 25 August 2026
Disposal: Disposed off as Withdrawn

Holding

The application is disposed of as withdrawn.

Summary

M/s. Kay Kay Trading Co., through its partner, filed a criminal application against Zulfeequar Daulatkhan Sarguroh and others. The parties subsequently reached a settlement and executed Consent Terms on 16 July 2026, which were placed on record. The applicant, relying on the settlement, moved the court to withdraw the pending application. The respondent’s counsel accepted the terms and no objection was raised. The Court, noting the parties’ agreement and the applicant’s request, disposed of the application as withdrawn.

Issues considered

Whether a criminal application may be withdrawn on the basis of a settlement and executed consent terms

Subjects

settlement
withdrawal of application
consent terms
criminal appellate jurisdiction

Judgment

                                                   501-CRAPPLN-399-2024.ODT




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION


             CRIMINAL APPLICATION NO. 399 OF 2024

M/s. Kay Kay Trading Co.,                                  …Applicant
Through its Partner Nishit Khetan
      Versus
Zulfeequar Daulatkhan Sarguroh And Anr.                    …Respondents


Adv. Tanmay Karmakar a/w Adv. Vaibhav Hori, for the Applicant.
Senior Advocate Ashok M. Saraogi, for the Respondent No.1.
Mrs. Poonam P. Bhosale, APP, for the Respondent - State.


                       CORAM :           PRAFULLA S. KHUBALKAR, J.
                       DATE          :   25TH AUGUST 2026
P.C:-

1.      Learned counsel for applicant as well as learned counsel for

respondent no.1 states that the parties have settled the

controversy and have also executed Consent Terms dated 16 th July

2026. The duly signed copy of the Consent Terms is tendered

across the bar and it is taken on record and marked as ‘X’ for

identification    purpose.   Both        the   parties   submit   that   the

undertaking mentioned in the Consent Terms be considered as

undertaking submitted to the Court.




                                Page 1 of 2
                                th
                              25 August 2026
                                                  501-CRAPPLN-399-2024.ODT




2.          Learned counsel for applicant states that in view of the

Consent Terms he wants to withdraw the instant application.



3.          In view of this, the application is disposed of as withdrawn.



                                         (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




                                   Page 2 of 2
                                  th
                                25 August 2026

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