1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No.2352/2009 In Criminal Application No.1285/2006 (Sau. Aruna Sachin Purohit and two others .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.S. Mardikar, Advocate for applicants, Mr. C.N. Adgokar, APP for respondent no.1, Mr. Shyam Dewani, Advocate for respondent no.2. .......... CORAM : P.D. KODE, J. DATED : JUNE 25, 2009 Heard. By the present application, the applicants have prayed for quashing the proceedings of Criminal Case No. 791 of 2006 pending on the file of learned Chief Judicial Magistrate, Nagpur. The said proceedings were initiated upon complaint/ first information report lodged by respondent no.2 in this application with Ambazari Police Station for commission of offence under Sections 406, 420, 201 read with 34 of the Indian Penal Code. 2 The application discloses that during the pendency of the main application for final hearing the applicants and respondent no.2 have settled the matter amicably but they are unable to record settlement before trial Court in view of the record of the trial Court being called in these proceedings and hence application being preferred for granting permission for withdrawal of the main proceedings and for sending back the record to the trial Court. The learned counsel for the applicants has stated that having regarding to the matters stated in the application, the application deserves to be allowed. The learned counsel for respondent no.2 has submitted that respondent no.2 is not having any objection for allowing the prayer for withdrawal made in the application. On specific query, learned APP has stated that State has also no objection for allowing the prayer for withdrawal made in the application. In the aforesaid premises and the withdrawal being the choice of the parties and the reason informed while seeking withdrawal, permission for withdrawal as sought deserves to be and hence same is granted. Criminal Application No. 2352 of 2009 stands disposed of. 3 Criminal Application No. 1285/2006 In view of permission accorded vide order passed on Criminal Application No.2352 of 2009, the application is marked as disposed of as withdrawn. The record and proceeding be forthwith sent back to the concerned court. JUDGE Gulande