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Bombay High CourtWP/863/2024allowed

Rajesh Janardhan Patil And ANR v. The State Of Maharashtra And ANR

2024-03-15Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 863 OF 2024 Rajesh Janardhan Patil and anr.

...

Petitioners

Versus

The State of Maharashtra and anr.

...

Respondents .........

Mr. Amit Icham for the Petitioner.

Mr. S. E. Phad, APP for the State.

Mr. Shubham Gharbudave for Respondent No. 2.

.........

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

DATED : 15.03.2024 P.C. :- Not on board. Upon mentioning, taken on production board.

2.

Petitioners are challenging FIR dated 10.03.2024 registered with Khandeshwar Police Station for the offences under Section 3(1)(r), 3(1)(u), 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Sections 509, 504 of the Indian Penal Code.

3.

Complainant had alleged that on 9.03.2024, accused had abused her on the basis of caste. Parties have resolved their differences and agreed for quashing the FIR by consent of 1 / 3

complainant.

4.

Complainant is present in the Court. She is represented by the Advocate. Afodavit sworn by her was taken on record. She has no objection for quashing the impugned FIR.

5.

Considering the fact that the parties have resolved their differences and since the complainant has no objection for quashing the FIR, relief sought in this petition can be granted. O RDER (i) Writ Petition is allowed.

(ii) The FIR dated 10.03.2024 registered with Khandeshwar Police Station vide FIR No.65 of 2024 for the offences under Section 3(1)(r), 3(1)(u), 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Sections 509, 504 of the Indian Penal Code is quashed and set aside. (iii) The petitioners shall pay cost of Rs. 15,000/- each to Advocates Association of Western India Generation Next. (iv) The details of the bank account for payment of costs are as under :

Bank Name :

Bank of India.

Branch Name :

Mumbai Main Account No. :

000110110007807 IFSC Code :

BKID0000001.

(v) Petitioners to deposit the said cost of Rs.15,000/- each 2 / 3

within a period of three weeks from today and submit the receipt of the same in the Registry of this Court. ( N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3 / 3