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Bombay High CourtWP/3330/2019others disposed off

Hriday Sailesh Bijlani Through Natural Guardian Sailesh Ratan Bijlani v. The State Of Maharashtra And ANR.

2019-07-09Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Ranjit More.2 pages

1/2 WP-3330-19 modified.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3330 OF 2019 (modified as per order dated 20th November 2019) Hriday Shailesh Bijlani through Natural Guardian Shailesh Ratan Bijlani .. Petitioner

Versus

The State of Maharashtra & Anr .. Respondents ...

Mr. S.D. Shinde I/b A.S.Purkar for the petitioner. Mr.S.R. Shinde, APP for the State.

Mr.S.S. Redekar for respondent no.2.

CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.

DATED : 9th JULY 2019 P.C:- Heard learned counsel for the petitioner, learned counsel for respondent no.2 and learned APP for the State. Petition is filed for quashing and setting aside the FIR bearing C.R.No. 13 of 2019 registered Cyber Crime Police Station, Nasik at the instance of respondent no.2 for an offence punishable under Section 354A and 354D of the IPC along with Section 67, 66(c) of the Information Technology Act, 2000. Pending investigation, parties have settled their dispute amicably and they have no objection for quashing the subject FIR by consent. Respondent no.2 has accordingly filed Tilak

2/2 WP-3330-19 modified.doc an affidavit dated 3rd July 2019. In paragraph no.3, he has given no objection to quash the subject FIR out of free will and without there being any pressure or coercion. Respondent no.2 is personally present in the Court.

Petitioner and his father are present in the Court. On their own, they willingly submit that the petitioner by way of repentance is ready and willing to render social service at Gurudwara at Nasik. In the light of this assurance and since no objection is given by respondent no.2, we quash and set aside the FIR bearing No.I - 13 of 2019.

Accordingly, the Petition is allowed and the subject FIR No.I-13 of 2019 is quashed and set aside subject to petitioner's rendering social service in the Gurudwara every Sunday between 11.00 am to 5.00 p.m for a period of one month.

The Investigating Officer shall verify whether the petitioner has rendered his social service and thereafter file a report in this Court for compliance.

For compliance, stand over to 13th August 2019. To be placed High on Board.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.) Tilak