Samarjeet Ajit @ Samar Singh v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.949 OF 2024 Samarjeet Ajit @ Samar Singh Petitioner versus The State of Maharashtra and another Respondents Mr.C.K.Pendse with Ms.Siddhi Bhosale, Advocate for Petitioner. Ms.S.E.Phad, APP, for State.

Mr.Nilesh Mandavkar with Ms.Siddha Pamecha, Advocate for Respondent no.2.

N.D.Jethva, Respondent no.2 present in person. CORAM : PRAKASH D. NAIK AND MANJUSHA DESHPANDE, JJ.

DATE : 22nd March 2024 PC :

1.

Petitioner is challenging FIR dated 3rd February 2024 registered with Gorai Police Station vide CR No.2 of 2024 for offences u/s.323, 354, 509 of Indian Penal Code. The FIR has been registered at the instance of Respondent no.2.

2.

The complainant had alleged that on 2nd February 2024 accused had abused, intimidated and inappropriately touched her. Petitioner and complainant had resolved the dispute. Complainant has no objection for quashing the FIR.

3.

Respondent no.2/complainant is present in the Court. She is represented by advocate. She has expressed her consent for MANISH SURESHRAO THATTE Date: 2024.03.28 12:03:19 +0530 MANISH SURESHRAO THATTE quashing the FIR. She has filed affidavit stating that Petitioner is the artist of song which was sung on 2nd February 2024. The complainant is a dancer and she was assigned the shoot by dancer

2 of 2 33.WP.949.2024.doc co-ordinator. The incident had occurred at that point of time. Subsequently complainant stated that she has no objection for quashing the FIR.

4.

Considering the fact that parties have resolved the dispute and since the complainant who is present in the Court and states that she has no objection for quashing the FIR, reliefs sought in the petition can be granted.

ORDER

(i) Writ Petition No.949 of 2024 is allowed and disposed off; (ii) FIR No.2 of 2024 registered with Gorai Police Station, Mumbai Suburban City, is quashed and set aside;

(iii) Petitioner shall pay cost of Rs.25,000/- to Advocates Association of Western India Generation Next within a period of three weeks from today. The account details are as under : Account Name :

Advocates Association of Western India Generation Next A/c No.

:

000110110007807 Bank Name :

Bank of India Branch Name :

Mumbai Main IFSC Code :

BKID0000001 (iv) Petitioner shall submit receipt of payment of cost in the Registry of this Court within one week from the date of payment; (v) List the Petition for reporting compliance after five weeks. (MANJUSHA DESHPANDE, J.) (PRAKASH D. NAIK, J.) MST