Vijay Janu Dhawde v. State Of Maharashtra And ORS

508- WP 694 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 694 OF 2024 Vijay Janu Dhawde ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents .........

Ms. Rama Shbramanian for Petitioner Mr. A.S. Shalgaonkar, APP for State.

Ms. Anshu Awasthi a/w.Mr. Kaustubh Pathak for Respondent No.2 .........

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

DATED : 29th FEBRUARY 2024 P.C. :- 1.

Not on Board. Taken on Production Board.

2.

This is a Petition for quashing the proceedings in case No. 514/ PW/2023 pending before the Court of Learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai arising out of First Information Report dated 28th September, 2019 registered with Juhu Police Station being CR No. 338 of 2019 for the offences under Section 354 of IPC at the instance of Respondent No.3 alleging that the Petitioner-Accused had tried to molest her.

3.

Learned Advocate for the Petitioner and Respondent No. 3 submitted that, the parties have resolved the dispute. The Complainant has no objection for quashing the impugned proceedings. 4.

An Affidavit sworn by her is taken on record. The Affidavit indicates that she has no objection if the FIR is quashed. The Complainant is present in the Court and verbally stated that she has no objection if the impugned proceedings are quashed. V.A.Tikam 1 / 2

508- WP 694 of 2024.odt 5.

Considering factual matrix stated above and in view of settlement between parties, the reliefs sought in the Petition can be granted.

ORDER

(i) Criminal Writ Petition No. 694 of 2024 is allowed. (ii) The proceedings in case No. 514/PW/2023 pending before the Court of Learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai arising out of First Information Report dated 28th September, 2019 registered with Juhu Police Station being CR No. 338 of 2019 are quashed and set aside.

(iii) The Petitioner shall pay the costs of Rs.50,000/- 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 are as under:

Account Name :

Advocates'

Association of Western India.

Account Number:

000110110007807 Bank Name :

Bank of India Branch Name :

Mumbai Main Branch IFSC Code :

BKID0000001 (iv) Learned Advocate undertakes to file Vakalatnama on behalf 0of Respondent No.3 (v) The matter be listed for compliance on 25th April, 2024. ( N.R. BORKAR, J. ) ( PRAKASH D. NAIK, J. ) V.A.Tikam 2 / 2