Chetan Manilal Solanki And ANR v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.

OF Chetan Manilal Solanki & Anr.

...

Applicants.

Versus

The State of Maharashtra and Anr.

...

Respondents.

-- Mr. Suraj D. Almedia for the Applicants.

Smt. A.S. Pai, Public Prosecutor with Ms. M.H. Mhatre, APP for the Respondent-State.

Mr. S.A. Shaikh, for Respondent No.2.

-- CORAM :

NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ.

DATE : June 15, 2023.

ORDER

(Per : Sharmila U. Deshmukh, J.

):

1.

Heard.

2.

The First Information Report (FIR) of which the quashing Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2023.06.22 14:49:23 +0530 SANJAY ASARAM MANDAWGAD is sought is registered at the instance of the Respondent No.2 with the Navghar Police Station, Bhayander District Thane, for the offences punishable under Sections 324, 323, 427, 504 read with 34 of the Indian Penal Code, 1860 against the Applicants.

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It is submitted that on account of some misunderstanding between the Applicants and the Respondent No.2, the FIR in question came to be lodged by the Respondent No.2 and that the Respondent no.2 does not wish to continue with the criminal proceedings as the dispute has been amicably settled between the parties. 4.

The Applicant No.2 is stated to be a final year student and the Applicant No.1 is the father of the Applicant No.2. The Respondent No.2 has filed his consent affidavit extending his consent for quashing of the proceeding initiated at his instance. The Respondent No.2 is present in-person and has reiterated the contents of his affidavit. The Respondent No.2 has been identified by his counsel and through his Aadhar Card. As the parties have decided to put the dispute to rest and not to proceed further in the matter, we see no impediment in allowing the application and quashing the subject FIR.

5.

As such, the criminal application stands allowed in terms of prayer clause "a", which reads thus:

"a) This Hon'ble High Court be pleased to quash and set aside the FIR No. 0355/2023 dated 29.05.2023

3/3 registered with Navghar Police Station, at Bhayandar for offence under section 323, 324, 427, 504 and 34 of IPC." [Sharmila U. Deshmukh, J.] [Nitin W. Sambre, J.]