Jasbeer Kirtikumar Joshi v. Sujata Chandrashekhar Ravate And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1363 OF 2021 Mr. Jasbeer Kirtikumar Joshi ...Applicant

Versus

1. Mrs. Sujata Chandrashekhar Ravate

2. State of Maharashtra (At the instance of Vasai Police Station)

...Respondents

Mr. S. S. Redekar, for the Applicant.

Mr. Anil D'souza, for the Respondent No.1.

Ms. S. D. Shinde, APP, for the Respondent-State. CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

DATED : 8 th SEPTEMBER 2022 P.C. :

1.

Heard learned counsel for the parties.

2.

Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. 1/5

3.

By this application, the Applicant seeks quashing of C.R. No.72 of 2020 registered with the Vasai Police Station as against him, for the alleged offences punishable under section 354, 509, 506 and 504 of the IPC.

4.

Learned counsel for the Applicant submits that after registration of the FIR and filing of the chargesheet, the Applicant and Respondent No.1 amicably settled their dispute and as such Respondent No.1 has no objection to the quashing of the aforesaid C.R. and all consequential proceedings arising thereto. 5.

Learned counsel for the Respondent No.1 has tendered an affidavit of the Respondent No.1 dated 8th September 2022. The same is taken on record. In the said affidavit, Respondent No.1 has stated that she has settled the dispute amicably with the Applicant and that there are cordial relations between them and that she has no grievance as against the Applicant. When questioned, she reiterates that she has no objection if the 2/5

aforesaid application is allowed and the F.I.R. and all consequential proceedings arising thereto, are quashed and set aside. The Respondent No.1 has tendered a xerox copy of the Pan Card. The same is taken on record. She is identified by her lawyer as well as on the basis of xerox copy of her Pan Card, which is shown to the learned APP.

6.

It appears that an incident took place on 29th February 2022 between the Applicant and Respondent No.1, in which the Applicant allegedly uttered indecent words at the Respondent No.1. Pursuant thereto, the Respondent No. 1 lodged the aforesaid FIR/Complaint. After investigation chargesheet was filed. It appears that post the filing of the chargesheet, the parties have amicably settled their dispute. The Respondent No.1 has filed her affidavit which is taken on record. In the said affidavit she has stated that she has settled the dispute amicably with the Applicant and that she now has cordial relations with the Applicant and that, she has no grievance as against the Applicant. 3/5

She has also given her consent to the quashing of proceeding arising out of the aforesaid F.I.R. i.e. R.C.C. No.1008 of 2020, which is pending on the file of the learned J.M.F.C.-1 at Vasai. 7.

Having regard to the nature of the dispute, which is amicably settled between the parties and the judicial pronouncements, there is no impediment in allowing the application.

8. Accordingly, the application is allowed and C.R. No.72 of 2020 registered with the Vasai Police Station as against the Applicant is quashed and set aside and consequently the proceeding arising thereto, is also quashed and set aside i.e. R.C.C. No. 1008 of 2020, pending on the file of the learned J.M.F.C.-1, Vasai.

9.

Rule is made absolute in the aforesaid terms. The application is disposed of accordingly.

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10. All parties to act on an authenticated copy of this order. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

Digitally signed by SONALI MILIND PATIL Date:

2022.09.17 16:52:33 +0530 SONALI MILIND PATIL 5/5