POPATLAL PUKHRAJ JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SHRI Palekar for respondent No.1 and Shri Dani for respondent No.2 waive service of rule.

(2.) THE petitioner-original accused No.1 has filed this petition under section 482 of Cr.P.C. praying for quashing of the complaint filed by respondent No.2 original complainant before the Court of the learned Judicial Magistrate First Class at Yeola and also prayed for quashing of non bailable warrant issued by the learned trial Magistrate dated 21-2-1996. The petitioner, while filing this petition has annexed a copy of the complaint filed by the complainant as well as the Summons issued by the trial Court dated 5-10-1996.

(3.) ON considering the prayer for quashing the complaint and also for quashing the non-bailable warrant issued by the learned Magistrate, I had gone through the complaint filed by the complainant. The amount in dispute is already received today from the petitioner accused by the complainant and the complainant has also agreed to withdraw the complaint as the matter is settled out of Court and in view of the above, the criminal case being Summary Case No.31 of 1995 pending before the learned Judicial Magistrate, First Class, Yeola is quashed and set aside and consequently the issuance of non-bailable warrant is also quashed and set aside. Rule is made absolute accordingly.