Hitesh Ghanshyam Yadav v. State Of Maharashtra And ANR

p-514-wp-665-24.doc Digitally signed by DINESH SADANAND SHERLA Date:

2024.04.18 18:20:16 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 665 OF 2024 Hitesh G. Yadav

...Petitioner

Versus

State of Maharashtra & Anr.

...Respondents

Mr. Sanjay Singh for the Petitioner.

Mr. Y.M. Nakhawa, APP for the Respondent/State. Mr. Siddharth Singh i/b Adv. Mintoo Gond for Respondent No.2.

CORAM

:

PRAKASH D. NAIK & N. R. BORKAR, JJ.

DATE :

17.04.2024.

PC:- 1.

Not on board. Taken on board.

2.

The petitioner is charge-sheeted vide C.C.No.371/PW/ 2018 and the proceedings are pending before the Court of learned M.M., 66th Court, Andheri, Mumbai. The FIR was registered on 22.08.2017 with Amboli Police Station vide C.R. No. 287 of 2017 for the ofences under Sections 354, 323, 509, 506(2) and 504 of the Indian Penal Code.

3.

The petitioner is brother-in-law of respondent No.2/complainant. The alleged incident had occurred on 22.8.2017. The parties have settled the dispute. The complainant is consenting for quashing the proceedings. 4.

The respondent No.2/complainant is present in the Court. She is represented and identifed by the Advocate. She has fled the afdavit stating that she has no objection if the Dinesh S. Sherla 1/2

p-514-wp-665-24.doc impugned proceedings are quashed. The afdavit is taken on record.

5.

Considering the relation between the parties and the fact that they have settled the dispute, the impugned proceedings can be quashed.

ORDER

A.

Criminal Writ Petition is allowed.

B.

The proceedings in C.C.No.371/PW/2018 pending before the Court of learned Metropolitan Magistrate, 66th Court, Andheri, Mumbai arising out of FIR No.287 of 2017 dated 22.08.2017 registered at Amboli Police Station, Mumbai against the petitioner are quashed and set aside. C.

The petitioner shall pay the costs of Rs.10,000/- to the Kirtikar Law Library within a period of three weeks from today and submit the receipt of same in the Registry of this Court.

(N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2