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Bombay High Court

M/S. SURAJ ESTATE DEVELOPER AND ANR.versusDILIP ASHOK DESAI AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The petition was withdrawn and disposed of as there was no longer any dispute to adjudicate.

Summary

The petitioners, M/s Suraj Estate Developer and Anr., filed a criminal writ petition seeking a writ of certiorari to quash Summary Criminal Case No.1438/2022 filed by respondent Dilip Ashok Desai. They claimed the matter had been amicably resolved between the parties. The respondent confirmed the settlement, and the State argued that nothing remained to be adjudicated. The court, noting the mutual agreement and lack of any surviving issue, granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

  • Whether the court should entertain a criminal writ petition seeking quash of a summary criminal case when the parties have settled the dispute.

Subjects

  • criminal writ petition
  • quash
  • withdrawal
  • settlement
  • summary criminal case

Judgment

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                                                                               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.

          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
                        1.          Heard Mr. Ishan Kapse, learned Advocate for the Petitioners, Mr.
DHUDUM    Date:
          2026.09.07
          19:21:49
          +0530
                        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
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                                                                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
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                                                                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


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