Nishant Tulsidas Tayade v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1053 OF 2023 Nishant Tulsidas Tayade

...Petitioner

Versus

State Of Maharashtra And Anr

...Respondents

Mr.Sanjay P. Shinde a/w Prathamesh T. Bhanuwanshe Advocate for Petitioner.

Mr. Rohit D. Gorade i/by Mr. Rameshwar N. Gite Advocate for Respondent No.2.

Ms. Rutuja Ambekar, APP for Respondent-State. CORAM : PRAKASH D. NAIK & N. R. BORKAR, JJ.

by ETHAPE DNYANESHWAR ASHOK Date:

2024.04.03 14:40:46 +0530 ETHAPE DNYANESHWAR ASHOK DATE : 20th MARCH 2024 P.C.:- 1.

The petitioner is charge-sheeted in RCC No. 246 of 2014 for offences under Sections 354-A(1)(i)(ii), 509, 506 of the Indian Penal Code, 1860. The FIR was registered at the instance of respondent No.2 with Jaykheda Police Station Nashik on 8th October 2014.

2.

The complainant has alleged that, accused had expressed his love for her. Statements of two other girls were recorded. Similar allegations were made by them.

3.

Parties have resolved the dispute. They have filed affidavit. The complainant and one of them aggrieved person are present through V.C. The complainant and other victims filed affidavit of consent for quashing the charge-sheet.

4.

Learned Advocate for petitioner and respondent No.2 submitted that proceedings against the petitioner may be quashed as the complainant and two other victims have no objection for quashing the said proceedings. 5.

We have perused the affidavit of consent for quashing proceedings. All the three victims have stated that they have no objection for quashing the impugned FIR and the charge-sheet.

6.

In view of settlement between the parties, the proceedings can be quashed.

ORDER

(i) Criminal Writ Petition No.1053 of 2023 is allowed. (ii) The proceedings in RCC No. 246 of 2014 pending before the learned JMFC, Satana vide C.R. No.155 of 2014 registered with Jaykheda Police Station dated 8th October 2014 is quashed and set aside against the petitioner.

(iii) The petitioner shall pay the cost of Rs.50,000/- to Central Police Welfare Fund within a period of three weeks from today and submit the receipt of the same in the Registry of this Court. The details of the Bank Account for payment of costs are as under:- Bank Name : Axis Bank Ltd.

Branch Name : Worli, Mumbai - 400 025 Account Name : Central Police Welfare Fund Account No.

: 914010029005759 IFSC Code : UTIB0000060

(iv) Writ Petition stands disposed off.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)