Sakshi Raturi And ORS v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.949 OF 2023 Sakshi Raturi and others Petitioners versus The State of Maharashtra and others Respondents Mr.Shailesh Chavan with Mr.Jitendra Sawant, Advocate for Petitioners.

Mr.Rohan Hogle, Advocate for Respondent no.2. Mr.S.S.Hulke, APP, for State.

Ms.Shivali Choyal, Respondent no.2 present in person. CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 5th April 2023 PC :

1.

By the present Petition filed under Article 226 of Constitution of India, the Petitioners-accused in C.R No.666 of 2022, dated 2nd December 2022 registered with Lonikand Police Station, Pune (City) under Sections 354, 354-A, 384, 389, 379, 452, 323, 506 of IPC, have prayed for its quashing by consent of Respondent no.2, the victim.

2.

Learned Advocate for Respondent no.2 has tendered across the bar an Affidavit dated 5th April 2023 duly affirmed by Respondent no.2 before the Assistant Registrar of this Court. It is stated therein that she had filed said FIR due to misunderstanding. That, she and by SAJAKALI LIYAKAT JAMADAR Date:

2023.04.11 11:11:36 +0530 SAJAKALI LIYAKAT JAMADAR

2 of 3 52.WP.949.2023.doc Petitioners are residing in the same college. That, she has no objection if said crime is quashed by this Court. The said Affidavit is taken on record.

Respondent no.2 is personally present in the Court and through her advocate gave her no objection in quashing present crime i.e. C.R No.666 of 2022 registered with Lonikand Police Station, Pune.

3.

We are therefore inclined to quash C.R No.666 of 2022 registered with Lonikand Police Station, Pune (City). As we expressed our opinion for quashing of said crime by consent of parties, learned counsel for Petitioners on instructions submitted that Petitioners will pay a cost of Rs.25,000/- to Central Police Welfare Fund within a period of two weeks from today. The said statement is accepted as an undertaking given to this Court. We direct the Petitioners to pay cost of Rs.25,000/- jointly or severally to Central Police Welfare Fund within a period of two weeks from the date of uploading of the present Order on the official website of High Court. The details of bank account for payment of cost are as follows:- Bank Name :

Axis Bank Limited Branch Name :

Worli, Mumbai (M.H), Mumbai-400025 Account Name :

Central Police Welfare Fund Account Number :

914010029005759 IFSC Code :

UTIB0000060

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In view of above, Petition is allowed in terms of prayer clause (a).

5.

It is made clear that if cost is not paid within the stipulated period as mentioned above, the Petition shall stand revived and in that case investigating agency shall proceed with investigation of said crime expeditiously.

6.

List the Petition on 3rd May 2023 under caption `for reporting compliance'

of present Order.

7.

All the concerned to act on an authenticated copy of this Order issued by Registry.

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST