Pramod Mukund Dalvi v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3644 OF 2023 Pramod Mukund Dalvi ...
Petitioner
Versus
The State of Maharashtra and anr.
...
Respondents WITH WRIT PETITION (ST) NO. 23863 OF 2023 Prakash Damodar Patil ...
Petitioner
Versus
The State of Maharashtra and anr.
...
Respondents .........
Mr. Sudeep Pasbola i/b Waqar Pathan for the Petitioner in WP/3644/2023.
Mr. Waqar Pathan for the Petitioner in WPst/23863/2023. Ms. S. E. Phad, APP for the State.
Mr. Asif Latif Shaikh for Respondent No. 2 in both. .........
CORAM : PRAKASH D. NAIK & N.R. BORKAR, JJ.
DATED : 03.04.2024 P.C. :- The petitioners are accused in First Information Report dated 25.06.2023 registered with Virar Police Station vide CR No. 650/2023 for offences under Sections 143, 147, 149, 323, 324, 504, 506, 427 of the Indian Penal Code. It was lodged by respondent No.2.
1 / 3
2.
It is jointly submitted that the parties have resolved the dispute. Complainant has no objection for quashing the impugned proceedings.
3.
The Complainant had alleged that on 25/06/2023 the landlord Rajendra Gharat, Prakash Patil, Dushyant Patil, Pramod Dalvi and others demanded key of meter room and terrace. He refused to handover key. He was assaulted by fist blows and weapon.
4.
Complainant has filed afodavits stating that he has no objection for quashing the impugned proceedings against the Petitioners.
5.
In the Afodavit the Complainant has made several averments about non involvement of Petitioners. We are allowing the Petitions on the basis of statement of Complainant that he has no objection for quashing FIR against Petitioners. 6.
Considering the fact that the parties have resolved the dispute and complainant has consented for quashing, the impugned FIR can be quashed against Petitioners.
ORDER
(i) Writ Petitions are allowed.
(ii) The FIR No. 650/2023 dated 25.06.2023 registered with 2 / 3
Virar Police Station for offences under Sections 143, 147, 149, 323, 324, 504, 506, 427 of the Indian Penal Code is quashed and set aside qua petitioners.
(iii) The petitioners shall pay cost of Rs. 20,000/- each to the Central Police Welfare Fund, Director General of Police, Maharashtra State, Mumbai.
(iv) The details of the bank account for payment of cost are as under :
Bank Name :
Axis Bank Ltd.
Branch Name :
Worli, Mumbai [MH], Mumbai - 400 025.
Account Name :
Central Police Welfare Fund Account No. :
914010029005759 IFSC Code :
UTIB0000060 (v) Petitioners to deposit the said cost of Rs.20,000/- within a period of three weeks from today and submit the receipt of the same in the Registry of this Court.
( N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3 / 3