Mrudula Kiran Surve And ANR v. The State Of Maharashtra And ANR

1 of 2 14.APL.422.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.422 OF 2023 Mrudula Kiran Surve and another Applicants versus The State of Maharashtra and another Respondents Ms.Sakshi Mane with Mr.Kiran Varma i/by Rajeev Sawant & Associates for Applicants.

Ms.Ilsa Shaikh, Advocate for Respondent no.2. Mr.Anand S. Shalgaonkar, APP, for State.

PSI Bhosale, Borivali Police Station, present. CORAM : PRAKASH D. NAIK AND N.R.BORKAR, JJ.

DATE : 16th February 2024 PC :

1.

Applicants are challenging the proceedings viz C.C No.PW/3289/2017 pending before the Court of Metropolitan Magistrate, 26th Court, Borivali, Mumbai arising out of FIR dated 25th October 2017 registered with Borivali Police Station vide C.R No.636 of 2017 for offences u/s.420, 465, 468, 471, 506 of IPC. 2.

The grievance of complainant is that huge amount was parted to the accused on the ground that employment would be provided to the complainant.

3.

Parties have resolved the dispute. It is jointly prayed that MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2024.02.21 10:11:33 +0530 proceedings pending before Trial Court be quashed with the consent of Respondent no.2/complainant. The complainant is present in the Court. She has filed affidavit dated 16th February 2024 stating that she has received amount of Rs.38,55,475/- and she has agreed to

2 of 2 14.APL.422.2023.doc withdraw all the allegations against Applicants in C.R No.636 of 2017 and giving her consent for quashing the said FIR along with charge sheet. The affidavit is taken on record and marked "X" for identification.

4.

The complainant is present in the court. She has confirmed the contents of affidavit and indicated that she has no objection for quashing the charge sheet.

5.

Considering the fact that dispute was between two individual persons and same has been settled, the proceedings can be quashed.

ORDER

(i) Criminal Application is allowed and disposed off; (ii) The proceedings in C.C No. PW/3289/2017 pending on the file of Metropolitan Magistrate, 26th Court, Borivali, Mumbai, arising out of C.R No.636 of 2017, are quashed and set aside; (iii) The applicants shall pay costs of Rs.50,000/- to Advocates Association of Western India Generation Next, in Bank of India, Mumbai Main Branch, in A/c.No.000110110007807 having IFSC Code - BKID0000001, within a period of three weeks from today and submit receipt thereof in the Registry within two weeks thereafter; (iv) Advocate Ms.Shaikh is permitted to file Vakalatnama for Respondent no.2 within a period of two weeks; (v) List the matter for compliance after six weeks. (N.R.BORKAR, J.) (PRAKASH D. NAIK, J.) MST