Vishal Gupta v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1011 OF 2022 Vishal Gupta
...Petitioner
vs.
1. The State of Maharashtra
2. Sharmila Montie Thanki
...Respondents
***** Mr. Imran Farooqui - Advocate for the Petitioner Ms. Neelam Ghorpade - Advocate for Respondent No. 2 Mr. J. P. Yagnik - APP for Respondent-State ***** CORAM :
REVATI MOHITE DERE & S. M. MODAK, JJ.
DATE :
29th SEPTEMBER, 2022 P. C. :- Heard learned counsel for the parties.
Rule. Rule is made returnable forthwith, with the consent of the parties and the petition is taken up for fnal disposal. Learned A.P.P waives notice on behalf of the Respondent No.1-State. Ms. Neelam Ghorpade waives notice on behalf of the Respondent No. 2.
SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2022.10.04 18:19:38 +0530 1/5
By this petition, the Petitioner seeks quashing of the FIR, bearing C.R. No. 974 of 2020 registered with the Vanrai Police Station, Mumbai, for the alleged ofences punishable under Sections 354(C), 354(D), 509, 500 of the Indian Penal Code and under Section 66(e) of the Information and Technology Act. Quashing is sought on the premise, that the Petitioner and Respondent No. 2 (original complainant) have amicably settled their dispute. Perused the papers. It appears that the Petitioner and the Respondent No. 2 are staying in the same society. It appears that as the Respondent No. 2 had not worn her mask while entering the society gym, the Petitioner took her photographs and circulated the same on the society whatsapp group. Pursuant to the same, the Respondent No. 2 lodged the aforesaid C.R. alleging the aforesaid ofences. After investigation, charge-sheet has been fled in the said case and the case is presently pending before the learned Metropolitan Court, Borivali, Mumbai.
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It appears that in the interregnum, during the pendency of the proceedings, the parties have amicably settled their dispute. The Respondent No. 2 has fled her afÏdavit dated 0330332022 duly afÏrmed before the Notary. The said afÏdavit is at Exh. 'B' at page no. 15 of the petition. In the said afÏdavit, the Respondent No. 2 has stated that she has settled the matter amicably with the Petitioner and she has no objection for quashing of the aforesaid C.R., as well as, proceeding pending before the Borivali Court. The Respondent No. 2 is present in-person. She re-iterates what is stated by her in her afÏdavit. Learned counsel for the Respondent No. 2 has tendered a self attested xerox copy of the Aadhar card of the Respondent No. 2. The same is taken on record. Learned Counsel for the Respondent No. 2 has identifed the Respondent No. 2 and the learned APP has verifed the original Aadhar card of the Respondent No. 2. Considering the nature of dispute, the fact that the parties live in the same society, the amicable 3/5
settlement between the parties and having regard to the judicial pronouncements of the Apex Court in the case of Gian Singh vs. State of Punjab & Anr.1 and Narinder Singh & Ors. vs. State of Punjab & Anr.2, there is no impediment in allowing the petition.
The petition is accordingly allowed and the FIR bearing, C.R. No. 974 of 2020 registered with the Vanrai Police Station, Mumbai, for the alleged ofences punishable under Sections 354(C), 354(D), 509, 500 of the Indian Penal Code is quashed and set-aside and consequently, the proceeding arising from the C.R. which is pending before the learned 17th Metropolitan Magistrate Court, Borivali, Mumbai being R.C.C. No. 35293PW32022 is also quashed and set-aside.
Rule is made absolute in the aforesaid terms. Petition is disposed of accordingly.
(2012) 10 SCC 303 (2014) 6 SCC 466 4/5
Petitioner to pay cost of Rs. 10,0003- to the Kirtikar Law Library within three weeks from today. Subject to the said deposit, aforesaid petition is allowed. Stand over to 11/11/2022 for recording compliance of the Order of deposit.
All concerned to act on the authenticated copy of this order.
[S. M. MODAK, J.] [REVATI MOHITE DERE, J.] 5/5