Amit Singh v. State Of Maharashtra And ANR

CAJ 13-Wp-1437-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1437 OF 2023 Amit Singh ... Petitioner V/s.

State Of Maharashtra And And Anr.

... Respondents Mr. Rizvan Merchant i/b Mr. Trivankumar Karnani for Petitioner. Mr. Ajay Patil, APP for Respondent No.1-State. Ms. Gayatri Gokhale for Respondent No.2.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 20th APRIL, 2023 P.C. :

1.

Petitioner/original accused in C.R. No. 21 of 2023, dated 8th January, 2023, registered with Park Site Police Station, Mumbai under Section 354-A of the Indian Penal Code, has filed present Petition under Article 226 of the Constitution of India for quashing of the said crime by consent of Respondent No.2.

2.

Respondent No.2 has filed an Affidavit dated 16th April, 2023 duly affirmed before Notary Public. The signature of Respondent No.2 has been identified by the learned Advocate appearing for Respondent No.2. Perusal of Affidavit indicates that, Respondent No.2 has stated that, aforesaid crime has been registered out of misunderstanding and she has resolved the issues with the Petitioner. That, she does not want wish to 1/2

CAJ 13-Wp-1437-2023.odt pursue the case against Petitioner. In para No.4 thereof, she has given her consent to quash the FIR filed by her against the Petitioner. 3.

Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of her Affidavit dated 16th April, 2023 and her "no objection" for quashing of C.R. No. 21 of 2023, registered with Park Site Police Station, Mumbai. 4.

In view thereof, Petition is allowed in terms of prayer clause "a".

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2