Geetadevi Sabhajit Yadav @ Geeta Shetty And ANR v. The State Of Maharashtra And ANR
CAJ 20-Apl-604-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 490 OF 2023 Geetadevi Sabhajit Yadav @ Geeta Shetty And Anr. ... Applicants V/s.
The State Of Maharashtra And Anr.
... Respondents WITH CRIMINAL APPLICATION (APL) NO. 604 OF 2023 Neelesh Anil Deshpande ... Applicant V/s.
State Of Maharashtra And Anr.
... Respondents Mr. Vivek Pandey for Applicant/s.
Mr. Ajay Patil, APP for Respondent No.1-State. Ms. Noella Misquitta i/b Mr. Pankaj Dwivedi for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.
DATE : 28th JULY, 2023.
P.C. :
1.
By these Applications, under Section 482 of the Cr.P.C., Applicants, accused in C.R. No. 204 of 2023 dated 3rd April, 2023 registered with Powai Police Station, Mumbai, under Sections 354, 325, 341, 509, 109, 143, 145, 147, 149, 323, 504, 506(2) of the Indian Penal Code, have prayed for quashing of the said crime with consent of Respondent No.2, the informant.
2.
Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 28th July, 2023 duly affirmed before a Notary Public. It is 1/3
CAJ 20-Apl-604-2023.odt stated therein that, she has resolved all the differences and disputes with Applicants and have settled the matter amiably. It is further stated that, she is giving her consent for quashing of present proceedings. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 28th July, 2023 and her "no-objection" for quashing of C.R. No. 204 of 2023, registered with Powai Police Station, Mumbai. 3.
In view of the above, we are inclined to quash C.R. No. 204 of 2023, registered with Powai Police Station, Mumbai. 4.
As we expressed our opinion for quashing of said C.R. No. 204 of 2023, registered with Powai Police Station, Mumbai, learned Advocate for Applicants on instructions submitted that, the Applicants will pay a cost of Rs.10,000/- per Applicant, totaling Rs.30,000/- 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. 5.
We direct the Applicants to pay a cost of Rs.30,000/- 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 Bombay High Court.
The details of the bank Account for payment of cost are as under:- Bank Name :- Axis Bank Limited.
Branch Name :- Worli, Mumbai (M.H.), Mumbai-400 025 Account Name :- Central Police Welfare Fund 2/3
CAJ 20-Apl-604-2023.odt Account Number :- 914010029005759 IFSC Code :- UTIB0000060 Applicants to deposit the said cost of Rs.30,000/- within stipulated period as noted above and submit the receipt of the same in the Registry of this Court.
6.
In view of above, subject to payment of cost, both the Applications are allowed in terms of prayer clause (a). 7.
It is made clear that, if the cost is not paid within stipulated period as mentioned above, both Applications shall stand revived automatically and in that event, the Investigating Officer shall complete the investigation of the present crime expeditiously. 8.
List the Applications on 23rd August, 2023 under caption 'for reporting compliance' of present Order.
9.
All the concerned to act on the basis of an authenticated copy of this Order.
(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by CHAITANYA ASHOK JADHAV Date:
2023.08.04 10:21:18 +0530 CHAITANYA ASHOK JADHAV 3/3