Som Nautiyal v. Shweta Parkar And ANR.

WP 137-19.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 137 OF 2019 Som Nautiyal .Petitioner Vs.

Shweta Parkar & anr.

.Respondents Mr. R. Shinde i/b. Mr. A. M. Udane, Advocate, for the Petitioner Mr. I. D'Souza, Advocate, for the Respondent No. 1 Mr. K. V. Saste, APP, for the Respondent No. 2 - State

CORAM

:

B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE :

01.02.2019 P.C.

.

The Petitioner - accused and Respondent No. 1 - Complainant are present with their respective Advocates and request for quashing of the FIR dated 16.03.2018 which is under Sections 354 and 354D of the Indian Penal Code. 2.

Respondent No. 1 has given an Affidavit accordingly stating that the act of lodging FIR was incorrect and Petitioner - accused is innocent and not guilty. She has apologized for the act.

WP 137-19.doc 3.

She is present in Court and she accepts the Affidavit. 4.

In totality of facts, we are inclined to accept the Affidavit, subject to Petitioner and Respondent No. 1 both paying an amount of Rs. 5,000/- as costs to High Court Legal Services Committee. If the costs are paid within two weeks, relief in terms of prayer clause (A) shall become absolute. The consequential charge-sheet, if filed shall also be quashed and set aside. (REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J. )