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Bombay High CourtAPL/1031/2022allowed

Dinesh Jetha Solanki v. The State Of Maharashtra And ANR

2024-03-07Hon'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 CRIMINAL APPLICATION NO. 1031 OF 2022 Dinesh Jetha Solanki

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

.

Ms. Supriya Jaware, Advocate for the Petitioner. Mr. Y. M. Nakhwa, APP for the Respondent No.1 - State. Mr. Akhil Kupade a/w Ms. Shivani Jadhav, Advocate for Respondent No.2.

....

CORAM

:

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

DATE :

7th MARCH, 2024.

P.C.

:

1.

The applicant is charge-sheeted for offences punishable under Sections 354, 354-A, 354-D, 323, 504 & 506 of Indian Penal Code (for short "IPC"). The First Information Report (for short 'FIR') was registered on 2nd April, 2022 with Kasturba Marg Police Station vide C.R. No.376 of 2022 at the instance of Respondent No.2.

2.

It is submitted that the parties have resolved the differences and the complainant has no objection for quashing the impugned Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.03.08 18:42:16 +0530 SAJAKALI LIYAKAT JAMADAR

proceedings. The complainant is present in the Court. She has asserted that the proceedings can be quashed with her consent and she has no objection for that. The affidavit filed by complainant is taken on record.

3.

In the affidavit of complainant it is stated that the complainant withdrawn all the allegations spelt out in the FIR. 4.

Considering the factual matrix as stated above, the impugned proceedings can be quashed.

ORDER

i.

Criminal Application No.1031 of 2022 is allowed and disposed off;

ii.

The Proceedings in C.C. No.3863/PW/2022 pending before the learned Metropolitan Magistrate, 68th Court, Borivali, Mumbai which are arising out of FIR No.376 of 2022 registered with Kasturba Marg Police Station, Mumbai is quashed and set aside.

iii.

The Applicant shall pay cost of Rs.25,000/- to Advocates Association of Western India Generation Next within a period of two weeks from today. The Account details are as under:

Account Name : Advocates Association of Western India Generation Next A/c No.

: 000110110007807 Bank Name : Bank of India Branch Name : Mumbai Main IFSC Code : BKID0000001

iv.

The receipt of payment of cost be produced in the Registry of this Court within one week thereafter. v.

List the application for reporting the compliance after four weeks.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)