Shashikant Bhaya Jadhav v. The State Of Maharashtra And ANR

by ANANT KRISHNA NAIK Date:

2023.07.12 11:12:00 +0530 1/2 27.WP.2152.2023.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2152 OF 2023 Shashikant Bhaya Jadhav

...Petitioner

Versus

The State Of Maharashtra & Anr

...Respondents

Adv. Shrikant Shirsath for the Petitioner Mr. Navnish Mishra for the Respondent No. 2 Mrs S. D. Shinde, APP for the Respondent-State. CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ DATED :

6th JULY, 2023 P.C.:

1.

The prayer is for quashing by consent of FIR bearing C.R. No. 83 of 2021 registered for the offence punishable u/s 354(C), 504 and 506 of IPC. The Petitioner is already charge-sheeted. 2.

The Complainant has tendered an AfÏdavit whereby it is stated that she was confused at the time of lodging of FIR and due to misunderstanding and confusion mentioned the name of the Petitioner before the Police.

3.

The Complainant who is present in the Court is identified by her lawyer and was made to interact with Mrs. Shinde, learned APP. The Complainant in vernacular language has admitted the contents in the Consent AfÏdavit.

akn 1/2

2/2 27.WP.2152.2023.doc 4.

In view of the stand taken by the Complainant no purpose will be served in keeping the Petition pending. 5.

In view of the law laid down in Gian Singh vs. State of Punjab and Another reported in (2012) 10 SCC 303, the Petition is allowed subject to payment of cost of Rs.5,000/- (each) to Kirtikar Law Library within a period of four weeks from today. 6.

Both the Petitioner and the Respondent No. 2 shall produce the copy of the receipt of payment of cost in the Registry within a period of four weeks from today, failing which the order of quashing the proceedings shall stand revived and the Petition be posted for admission so as to enable the Court to proceed against the parties for making incorrect statements before the Court. (R. N. LADDHA, J) (NITIN W. SAMBRE, J.) akn 2/2