Vaibhav Kundan Kekan And ORS v. State Of Maharashtra And ANR

by KANCHAN PRASHANT DHURI Date:

2024.01.31 18:44:06 +0530 KANCHAN PRASHANT DHURI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 99 OF 2024 Vaibhav Kundan Kekan and others ...

Applicants

Versus

State of Maharashtra and another ...

Respondents .........

Mr. Chetan Damre for the Applicants.

Ms. Rutuja Ambekar, APP for the State.

Ms. Farzana Khan for Respondent No.2.

.........

CORAM : SMT. ANUJA PRABHUDESSAI & N.R. BORKAR, JJ.

DATED : 30 JANUARY 2024 P.C. :- 1.

This is an application under Section 482 of Cr.P.C. filed by the Applicants to quash Crime No.1 of 2024 registered with Sarkarwada Police Station, Nashik City for the offence punishable under Section 295 r/w. 34 of Indian Penal Code. 2.

The aforesaid crime was registered pursuant to the F.I.R. lodged by the Respondent No.2. The facts narrated in the first information report prima facie indicates that the Applicants herein had destroyed some idols kept in the grotto and had thereby hurt the religious sentiments of the complainant.

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3.

Learned Counsel for the Applicants and Respondent No.2 state that the parties have settled the dispute amicably and that Respondent No.2 has no objection to quash the F.I.R. Affidavit of Respondent No.2 and an unconditional apology tendered by the Applicant No.1 has been filed.

5.

Respondent No.2 is present before the Court. He has been identified by his Advocate. Respondent No.2 admits his signature on the Affidavit and confirms the contents of the same. He has reiterated that dispute is settled and that he does not wish to proceed against the Applicants. He has given his no objection for quashing the proceedings. Applicant No.1 who is also present before the Court has tendered his apology and has assured not to indulge in such activities in future.

6.

Considering the fact that the parties have settled the dispute amicably and the settlement is genuine and voluntary, in our considered view, continuance of criminal proceedings will be an exercise in futility. Hence, this is a fit case to exercise power under Section 482 of the Cr.P.C. and to quash the proceedings to secure the ends of justice. Hence, the order :

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(i) The Application is allowed.

(ii) Crime No.1 of 2024 registered with Sarkarwada Police Station, Nashik City is hereby quashed, subject to the payment of costs of Rs.10,000/- payable by the Applicant Nos.1, 2 and 3 to the Advocates Association of Western India Generation Next, within a period of two weeks from today and submit receipt of payment of costs to the Registry. The details of account are as under: Name : AAWI Generation Next.

Account No. : 000110110007807 Bank Name & Branch : Bank of India, Mumbai Main Branch. IFSC Code : BKID0000001.

(iii) Applicant Nos.1, 2 and 3 are put to notice that in the event the costs are not paid within a period of two weeks from today, the order stands recalled.

(iv) The Registry to place the matter for compliance only if the Applicant Nos.1, 2 and 3 fail to pay the costs. ( N.R. BORKAR, J. ) (SMT. ANUJA PRABHUDESSAI, J.) 3 / 3