Aakash Vithoba Patil And ORS v. State Of Maharashtra And ANR

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.12.20 12:42:55 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4515 OF 2022

1. Aakash Vithoba Patil 2.Ganesh Namdev Koli

3. Sagar Vithoba Patil

4. Himanshu Ganesh Koli

...Petitioners

Versus

1. The State of Maharashtra

2. Neeta Mahesh Koli

...Respondents

Mr. Anjaykumar Kori i/b Mr. Vikas J. Wagh for the Petitioners Mr. S. S. Hulke, A.P.P for the Respondent No.1-State Mr. Pramod G. Kathane for the Respondent No. 2 PSI Mr. Soutade from Malvani Police Station, is present PSI Mr. Mhaske, Pairavi Officer, is present CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

FRIDAY, 16 th DECEMBER 2022 P.C :

Heard learned counsel for the parties.

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Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned A.P.P waives notice on behalf of the respondent No.1-State. Mr. Kathane waives notice on behalf of the respondent No.2. By this petition, the petitioners seek quashing of the FIR registered vide C.R. No. 830/2021 with the Malwani Police Station, Mumbai for the alleged offences punishable under Sections 452, 354, 323, 324, 504, 506(2) r/w 34 of the Indian Penal Code and consequently the proceeding pending before the learned Metropolitan Magistrate, 24th Court at Borivali, Mumbai being CC No. 2404647/PW/2022. Quashing is sought on the premise that the parties have amicably settled their dispute.

Perused the papers. The petitioners and the respondent No. 2 are neighbours and reside in the same vicinity. According to the respondent No. 2, the incident took place on 27.05.2021 at 2/6

about 8 p.m, when the petitioner No. 1 entered her house and abused her and her husband. Petitioner No. 1 is also alleged to have assaulted her and her husband with fist and kick blows and threatened them. The petitioner No. 2 is also alleged to have assaulted the respondent No. 2 with the wooden bamboo on his chest and stomach. The petitioner No. 2 is alleged to have pushed the respondent No. 2 from the front, thereby outraging the modesty. Pursuant thereto, the aforesaid FIR was lodged by the respondent No. 2 as against the petitioners alleging the aforesaid offences. After investigation, charge-sheet was filed in the said case and the said case is presently pending before the learned Metropolitan Magistrate, 24th Court at Borivali, Mumbai, being CC No. 2404647/PW/2022.

With respect to the incident dated 27.05.2021, there is a cross complaint registered by the family members of the petitioner No. 1 as against the family members of the respondent No. 2. 3/6

During the pendency of the proceeding in the present CR and the cross CR, the parties amicably settled the dispute being neighbours, with the help of the respected members of the community.

Learned counsel for the respondent No. 2 has tendered a consent affidavit of the respondent No. 2 dated 17.10.2022 duly attested before the Assistant Registrar, High Court. To the said affidavit, is annexed a photocopy of the Aadhar Card of the respondent No. 2, duly attested by her. The same are taken on record. In the said affidavit, the respondent No. 2 has stated that the quarrel took place out of some misunderstanding between the family members of the parties and that the said dispute has now been settled amicably. She has further stated that she has no objection to the quashing of the FIR/proceeding initiated at her behest.

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Respondent No. 2 is present in Court. On being questioned, the respondent No.2 reiterates what is stated by her in her affidavit. Learned counsel for the respondent No.2 has identified her. Learned A.P.P has verified the original Aadhar card of the respondent No.2.

By a separate order passed today, we have quashed the proceeding in the cross case i.e. in CR No. 831/2021 between the same parties.

Considering the nature of dispute, the fact that the parties live in the same vicinity and are neighbours, the amicable settlement between them and the affidavit of the respondent No. 2 and having regard to the judicial pronouncements of the Apex Court in Gian Singh vs. State of Punjab & Anr.

1 and Narinder Singh & Ors. vs. State of Punjab & Anr.

2, there is no impediment in allowing the petition.

(2012) 10 SCC 303 (2014) 6 SCC 466 5/6

The petition is accordingly allowed. The FIR bearing C.R. No. 830/2021 registered with the Malwani Police Station, Mumbai, as against the petitioners and consequently the proceeding pending before the learned Metropolitan Magistrate, 24th Court at Borivali, Mumbai, being CC No. 2404647/PW/2022, are quashed and set-aside.

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

All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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