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Bombay High CourtIA/2173/2023allowed

Shruti Gunjan v. State Of Maharashtra And ANR.

2023-12-21Hon'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. 1532 OF 2023 Milan Parasmal Kothari ...

Petitioner

Versus

The State of Maharashtra and anr.

...

Respondents WITH INTERIM APPLICATION NO. 2173 OF 2023 .........

Mr. D. V. Saroj for the Petitioner.

Mrs. M. M. Deshmukh, APP for the State.

Ms. Harshada Morey i/b Sunny Waskar for Respondent No. 2. .........

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

DATED : 21.12.2023 P.C. :- The petitioner and respondent No. 2 made a joint prayer for quashing the proceedings in Case No. 1158/PW/2022 pending before Metropolitan Magistrate Railway Court at Andheri arising out of First Information Report dated 6.02.2021 registered with Meghwadi Police Station vide Crime No. 27 of 2021 for offence under Sections 354 (D) (1) (2), 507 of the Indian Penal Code and Section 66(c) (e) of the Information Technology Act, 2000.

This order is corrected pursuant to the speaking to minutes of the order dated 15 January 2024. 1 / 3

2.

The First Information Report was registered at the instance of respondent No. 2. The parties have settled the dispute. They have arrived at an amicable settlement. The complainant has no objection for quashing the impugned proceedings. The complainant is present through VC. She is identified by the Advocate representing her. The complainant has submitted the afÏdavit of consent. The afÏdavit is taken on record. The complainant has admitted the contents of afÏdavit. She has no objection for quashing the proceedings. 3.

We have perused the afÏdavit of the complainant. It is stated therein that the complainant has no objection for quashing the proceedings.

4.

Considering the fact that the parties have resolved the dispute. The proceedings can be quashed.

ORDER

(I) Writ Petition is allowed.

(ii) The proceedings in Case No. 1158/PW/2022 pending before Metropolitan Magistrate Railway Court at Andheri arising out of FIR No. 27 of 2021 for offence under Sections 354 (D)

(1) (2), 507 of the Indian Penal Code and Section 66(c) (e) of the Information Technology Act, 2000 are quashed and set 2 / 3

aside.

(iii) The petitioner shall pay cost of Rs. 25,000/- to the Advocates Association of Western India Generation Next. (iv) The details of the bank account for payment of cost are as under :

Account Name :

Advocates Association of Western India Generation Next Account No.

:

000110110007807 Bank Name : Bank of India Branch Name :

Mumbai Main IFSC Code :

BKID0000001 (v) Petitioner to deposit the said cost of Rs.25,000/- within a period of three weeks from today and submit the receipt of the same in the Registry of this Court.

5.

Interim Application stands disposed of.

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2024.01.16 19:23:28 +0530 MANGALTAI JAYWANT JADHAV ( N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3 / 3