Bombay High Court
MOHAN KESHAVRAO DUNAKHEversusKOMAL MOHAN DUNAKHE
- Disposal
- DISPOSED OFF
- Bench
- ABHAY MANTRI
Holding
The writ petitions were dismissed as infructuous because the parties had settled the dispute and the underlying criminal proceedings were withdrawn.
Summary
Petitioner Mohan Keshavrao Dunakhe and Respondent Komal Mohan Dunakhe filed criminal writ petitions before the Bombay High Court, Aurangabad Bench. During the pendency, they jointly filed a pursis before the Judicial Magistrate First Class, Jalgaon, stating that their dispute was resolved. The J.M.F.C. ordered the criminal proceedings to be withdrawn, and the execution proceedings were also withdrawn. The Court observed that the matter had been settled between the parties and therefore the writ petitions were no longer maintainable. Consequently, both criminal writ petitions were disposed of as infructuous.
Issues considered
- The petitioners' criminal writ petitions are infructuous due to settlement and withdrawal of the underlying proceedings.
Subjects
- criminal writ petition
- withdrawal of proceedings
- infructuous
- settlement
- jurisdiction
Judgment
2026:BHC-AUG:16798
905-CRWP-151-10.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 151 OF 2010
WITH
CRIMINAL WRIT PETITION NO. 152 OF 2010
Mohan Keshavrao Dunakhe ..PETITIONER
VERSUS
Komal Mohan Dunakhe ..RESPONDENT
....
CORAM : ABHAY J. MANTRI, J.
DATE : 18th APRIL, 2026
PER COURT :
. No one appears for the Petitioner and Respondent either in the
Court Hall or through V.C.
2. Perused the record. Office note dated 04 th April, 2026, indicates
that during the pendency of this petition, on 15 th December, 2011, the
Petitioner and Respondent filed a joint pursis before the learned J.M.F.C.,
Jalgaon, stating that the dispute between them has been resolved.
Accordingly, the learned J.M.F.C., Jalgaon, passed the order dated 24 th
November 2011, below Exhibit 44 in Criminal Misc. Application No. 227 of
2009 disposing of the proceeding as withdrawn. So also, the Respondent had
withdrawn the execution proceedings filed before the learned J.M.F.C. Thus,
it seems that the matter has been settled between the parties before the
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905-CRWP-151-10.odt
learned J.M.F.C., and that being so, both the petitions have become
infructuous.
3. In view of the above, both the Criminal Writ Petitions are disposed of
as infructuous.
( ABHAY J. MANTRI, J. )
SSD
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