Bombay High Court

ROSITA ANTONETA REGINA FERNANDESversusNELVIS FERNANDES

Disposal: Withdrawn
Bench: AMIT S JAMSANDEKAR

Holding

The Court disposed the criminal writ petitions and the miscellaneous application as withdrawn upon the parties' settlement.

Summary

The petitioners and respondents settled their dispute before the National Lok Adalat, drawing up terms of compromise. On that basis, the petitioners sought the court's permission to withdraw Criminal Writ Petition No. 356 of 2023 (F), Criminal Miscellaneous Application No. 357 of 2023 (F), and Writ Petition No. 566 of 2024. The Court, after noting the settlement, allowed the withdrawal and ordered the matters to stand disposed as withdrawn. No substantive merits of the original criminal allegations were examined. The order was digitally signed and to be communicated by fax or email.

Issues considered

Whether a criminal writ petition and related miscellaneous application may be withdrawn after the parties have settled the dispute through a National Lok Adalat

Subjects

withdrawal of petition
Lok Adalat settlement
criminal writ petition
procedural law
court disposal

Judgment

2026:BHC-GOA:106
                                           WPCR(F) 356 of 2023

              Esha

                     IN THE HIGH COURT OF BOMBAY AT GOA
                      CRIMINAL WRIT PETITION NO.356 OF 2023 (F)
                                       WITH
                     WRIT PETITION NO.566 OF 2024, CRIMINAL MISC.
                            APPLICATION NO.357 OF 2023 (F)
                     CRIMINAL WRIT PETITION NO.356 OF 2023 (F)
           JOSE FERNANDES                           ... PETITIONER
             Versus
           ROSITA ANTONIETA REGINA FERNANDES
           AND 5 ORS                                ... RESPONDENTS
                                      WITH
                           WRIT PETITION NO.566 OF 2024
           ROSITA ANTONETA REGINA FERNANDES           ... PETITIONER
             Versus
           NELVIS FERNANDES                           ... RESPONDENT

                                      WITH
                    CRIMINAL MISC. APPLICATION NO.357 OF 2023 (F)
                                        IN
                      CRIMINAL WRIT PETITION NO.356 OF 2023 (F)
           JOSE FERNANDES                            ... APPLICANT
             Versus
           ROSITA ANTONIETA REGINA FERNANDES
           AND 5 ORS                                 ... RESPONDENTS

           Mr. Rohit Bras De Sa, Advocate (through V.C) for the Petitioner in
           Criminal Writ Petition No. 356 of 2023 (F) and for the Applicant in
           Criminal Miscellaneous Application No. 357 of 2023 (F).

           Ms. Swati Kamat Wagh, Advocate for the Petitioner in Writ Petition No.
           566 of 2024.

                                CORAM:- AMIT S. JAMSANDEKAR, J.
                                DATED :- 23rd January, 2026

           P.C:
                     Mr. Rohit Bras De Sa, the learned Counsel appearing for the
           Petitioner in Criminal Writ Petition No. 356 of 2023 (F) and for the

                                                 Page 1 of 2
                                              23rd January, 2026
                                                         WPCR(F) 356 of 2023


                        Applicant in Criminal Miscellaneous Application No. 357 of 2023 (F)
                        and Ms. Swati Kamat Wagh, the learned Counsel appearing for the
                        Petitioner in Writ Petition No. 566 of 2024, submit that all the above
                        captioned matters are settled before the National Lok Adalat and the
                        terms of compromise are drawn therein. They submit that the dispute
                        is resolved between the parties.


                        2.        In view thereof, Mr. Rohit Bras De Sa, on instructions from the
                        Petitioner/Applicant, seeks leave to withdraw Criminal Writ Petition
                        No. 356 of 2023 (F) as well as Criminal Miscellaneous Application
                        No. 357 of 2023 (F).
                                    Similarly, Ms. Swati Kamat Wagh, on instructions from the
                        Petitioner, Ms. Rosita Fernandes, who is present in the Court, seeks
                        leave to withdraw Writ Petition No. 566 of 2024.


                        3.          Accordingly, Criminal Writ Petition No. 356 of 2023 (F),
                        Criminal Miscellaneous Application No. 357 of 2023 (F) as well as
                        Writ Petition No. 566 of 2024, stand disposed of as withdrawn.


                        4.         This order will be digitally signed by the Private Secretary/
                        Personal Assistant of this Court. All concerned will act on production
                        by fax or email of a digitally signed copy of this order.



                                                                 AMIT S. JAMSANDEKAR, J.
Signed by: ESHA SAINATH
VAIGANKAR
                                                              Page 2 of 2
Designation: Personal Assistant
Date: 23/01/2026 16:35:27                                  23rd January, 2026

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