Sudhir Anant Shinde v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2024.04.12 19:44:53 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION NO. 298 OF 2024 1.

Sudhir A. Shinde 2.

Sumit V. Jintpure ...Applicants

Versus

1.

The State of Maharashtra 2.

Dinesh B. Valundra

...Respondents

Mr. Arun Shejwal i/b Mr. Umakant P. Giri for the Applicants. Mr. A.S. Shalgaonkar, APP for the Respondent/State. Mr. Ramrao D. Biradar for Respondent No.2.

CORAM

:

PRAKASH D. NAIK & N. R. BORKAR, JJ.

DATE :

08.04.2024.

PC:- 1.

Leave to amend the prayer clause. Amendment be carried out forthwith.

2.

The applicants are challenging the proceedings in Special Case No. 111 of 2024 pending before the Ad-hoc District Judge2 & Addl. Sessions Judge, Pune. 3.

The FIR dated 9.2.2022 was registered at the instance of respondent No.2 with Shikrapur Police Station, Pune vide C.R. No.146 of 2022 for the ofence under Section 66 (C) of the Information Technology Act. Subsequently, charge-sheet was filed for ofence under Sections 469 and 109 of the IPC, Sections, 3(1)(Q), 3(1) (Z-a) (E) and Section 6 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Section 66(C) of the Information Technology Act. 1/3

4.

The applicants and respondent No.2 have resolved their diference and respondent No.2 has no objection for quashing the impugned proceedings.

5.

Respondent No.2 is present in the Court. He is represented by Advocate. He stated that he has no objection for quashing the impugned proceedings. He filed the afdavit consenting for grant of reliefs prayed in this petition. 6.

We have perused the afdavit filed by the respondent No.2/complainant. It is stated that he has no grievance against the applicants and he does not want to pursue the complaint based on the FIR registered by him. He has no objection for allowing the application.

7.

Considering the fact that the parties have resolved the dispute, the impugned proceedings can be quashed.

ORDER

A] Criminal Application is allowed.

B] The proceedings in Special Case No. 111 of 2024 pending before the Ad-hoc District Judge-2 & Addl. Sessions Judge, Pune arising out of FIR dated 9.2.2022 registered with Shikrapur Police Station, Pune vide C.R. No.146 of 2022 against the applicants are quashed and set aside.

C] The applicants shall pay the costs of Rs.15,000/- each to the Advocates' Association of Western India 2/3

Generation Next within a period of three weeks from today and submit the receipt of the same in the Registry of this Court. The details of the bank account for payment of costs are as under:

Account Name :

Advocates' Association of Western India Generation Next Account Number :

000110110007807 Bank Name :

Bank of India Branch Name :

Mumbai Main IFSC Code :

BKID0000001 (N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3/3