Akshay Bhavesh Ahire v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 312 OF 2024 Akshay Bhavesh Ahire ...Applicant

Versus

1. The State Of Maharashtra

2. Babasaheb Anandrao Patil

...Respondents

Ms. Harshita B. Jangid a/w Mr. Harshad Inamdar Advocate for Applicant.

Mr. Yogesh Dandekar, Advocate for Respondent No.2. Mr. V. A. Kulkarni APP for Respondent-State.

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

by ETHAPE DNYANESHWAR ASHOK Date:

2024.03.19 10:06:12 +0530 ETHAPE DNYANESHWAR ASHOK DATE : 14th MARCH 2024 P.C.:- 1.

Not on board. Taken on board.

2.

The applicant challenges the First Information Report dated 19th September 2022 registered with Laxmipuri Police Station, Kolhapur vide C.R. No.0262 of 2022 for offences under Sections 406, 420 read with 34 of the Indian Penal Code, 1860.

3.

It is jointly submitted that, the parties have resolved the dispute and the complainant has no objection for quashing the FIR against the Applicant.

4.

Learned Advocate for the Applicant submitted that in view of the settlement, the entire amount has been returned to the complainant. 5.

The Respondent No.2/complainant is present in the Court. He has no objection for quashing the FIR. He is represented by Advocate. He has filed Affidavit of consent. In the affidavit filed by complainant it is stated that, he has received an amount of Rs.10,00,000/- through two demand draft dated 11th December 2023 for an amount of Rs.5,00,000/- each. The complainant is consenting for quashing the impugned FIR. The Affidavit of Respondent No.2/complainant has taken on record.

6.

Since the dispute is settled and the complainant has no objection for quashing the impugned FIR, the relief sought in this application can be allowed.

ORDER

(i) Criminal Application (APL) No.312 of 2024 is allowed. (ii) The impugned FIR dated 19th September 2022 registered with Laxmipuri Police Station, Kolhapur vide C.R. No.0262 of 2022 is quashed and set aside.

(iii) The petitioner shall pay the cost of Rs.20,000/- to Advocates' Association of Western India 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 (iv) Applications stands disposed off.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)