Pravin Kasbe And ANR v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 611 OF 2024 Purvesh Dayanand Jagtap
...Petitioner
Versus
The State of Maharashtra And Anr.
...Respondents
AND CRIMINAL WRIT PETITION NO. 620 OF 2024 Pravin Kasbe And Anr.
...Petitioners
Versus
The State of Maharashtra And Anr.
...Respondents
....
Mr. Hemant Ghadgionkar, Advocate for the Petitioner in WP No.611 of 2024 and for Respondent No.2 in WP No.620 of 2024. Mr. Sandesh V. More, Advocate for the Petitioners in WP No.620 of 2024 for Respondent No.2 in WP No.611 of 2024. Ms. S. E. Phad APP for the Respondent No.1 - State in WP No.611 of 2024.
Ms. K. T. Hivrale APP for the Respondent No.1 - State in WP No.620 of 2024.
Mr. B. D. Babar (P.S.I.) Pairavi Officer, Neharu Nagar Police Station, present.
....
CORAM
:
PRAKASH D. NAIK, & N. R. BORKAR, JJ.
DATE :
23rd FEBRUARY, 2024.
P.C.
:
1.
The Petitioners in both these Petitions have invoked Writ Jurisdiction for quashing the FIR lodged against each other by Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2024.02.27 16:32:27 +0530 consent of complainant in each case.
SAJAKALI LIYAKAT JAMADAR
2.
Criminal Writ Petition No.611 of 2024 pertains to the FIR registered with Nehru Nagar Police Station, Mumbai on 21.01.2024 vide C.R. No.26 of 2024 for offences punishable under Sections 354, 509, 323 & 504 r/w Section 34 of Indian Penal Code (for short "IPC").
3.
It is submitted that there is settlement between the Petitioner and Respondent No.2 at whose instance the aforesaid FIR has been registered.
4.
The Respondent No.2 is present in the Court. She has filed Affidavit of consent. She has no objection for quashing the FIR. The Affidavit is taken on record.
5.
Criminal Writ Petition No.620 of 2024 pertains to the FIR dated 21.01.2024 registered with Nehru Nagar Police Station, Mumbai vide C.R. No.25 for 2023 for offences punishable under Sections 324, 323, 504, r/w Section 34 of Indian Penal Code. The FIR is registered at the instance of Respondent No.2. There is settlement between the parties and the complainant has consented for quashing the FIR.
6.
The complainant is present in the Court. He has filed an Affidavit of consent indicating his no objection for quashing the FIR.
7.
Considering the nature of dispute and since both the parties have settled the disputes, there is no impediment in allowing the prayer sought in these Petitions.
ORDER
i.
Criminal Writ Petition No.611 of 2024 is allowed and disposed off;
ii.
The FIR dated 21.01.2024 registered with Nehru Nagar Police Station, Mumbai vide C.R. No.26 of 2024 is quashed and set aside.
iii.
Criminal Writ Petition No.620 of 2024 is allowed and disposed off;
iv.
The FIR dated 21.01.2024 registered with Nehru Nagar Police Station, Mumbai vide C.R. No.25 of 2024 is quashed and set aside.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)