Rahul Sashi Kumar Nair v. The State Of Maharashtra
1 7-WP-753-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 753 OF 2021 Rahul Sashi Kumar Nair
...Petitioner
Versus
The State Of Maharashtra & Anr.
...Respondents
....
Mr. S. K. Nair a/w Reshma Kurle, Advocate for the Applicant. Mr. Anil D,souza i/by D.G. Gujral for respondent No.2. Mr. S. R. Agarkar, APP for the Respondent - State. ....
by DNYANESHWAR ASHOK ETHAPE Date:
2022.07.29 11:46:50 +0530 DNYANESHWAR ASHOK ETHAPE CORAM : PRAKASH D. NAIK, J.
DATE : 27th July, 2022 PC :
1.
This petition was heard on 07.07.2022 and it was closed for judgment. Subsequently at the request of respondent No.2, the petition was listed for directions on 25.07.2022. Learned counsel for respondent No.2 (original complainant) has tendered afdavit of respondent No.2. The same is taken on record and marked 'X' for identifcation. 2.
In the aforesaid afdavit dated 24.07.2022 it is stated that FIR was lodged in 2015 and thereafter charge-sheet was fled. The proceedings are pending since then. She is settled in life. She had been pursuing the case since last seven years. In the circumstances, she has decided to let
2 7-WP-753-2021.doc bygones be bygones. If the petitioner undertakes before this Court not to come in contact and/or threaten or harm her and her family members in any manner and expresses his regret in respect of the incident leading to fling of the captioned petition, she would consent to quashing impugned order.
3.
Learned advocate for the petitioner submits on behalf of petitioner that the petitioner in fact, denies the allegations made against him in C.C. No. 1451 of 2016, but considering the gesture made by the respondent No.2, the petitioner expresses regret about any incident that might have happened in the college and upset her. This is being done considering the fact that the parties were students of Law and continuing the proceedings would injure their career and personal lives.
4.
Leaned advocate for respondent No.2 submitted that in the circumstances referred in afdavit, the aforesaid oral statement of petitioner is acceptable to respondent No.2 and the proceedings against petitioner can be quashed. 5.
The petitioner herein had challenged the proceedings in C.C. No.1451/PW/2016 pending before the 60th Court of
3 7-WP-753-2021.doc Metropolitan Magistrate at Kurla, Mumbai. The proceedings were initiated on the basis of FIR lodged by respondent No.2 on 19.08.2015 vide C.R. No. 207 of 2015 for the ofence punishable under Sections 354-A(i), 509 of the Indian Penal Code. From the tenor of the FIR, the petitioner and respondent No.2 were students and studying in VES law college at Chembur.
6.
Considering the aforesaid circumstances, the impugned proceedings against the petitioner can be quashed. The petitioner shall not cause any harm/threaten the respondent No.2 or her family members.
ORDER
(i) Writ Petition No.753 of 2021 is allowed.
(ii) Order dated 15.06.2020 passed by learned Metropolitan Magistrate 60th Court Kurla, Mumbai rejecting application for discharge preferred by petitioner and the proceedings in C..C No. 1451/PW/2016 pending before the Court of Metropolitan Magistrate, 60th Court Kurla, Mumbai are quashed and set aside.
(iii) Writ Petition stands disposed of.
(PRAKASH D. NAIK, J.)