Anuja Arun Patil v. The State Of Maharashtra

2024:BHC-AS:17523

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 496 OF 2019 ANUJA ARUN PATIL .. APPLICANT VS.

1.THE STATE OF MAHARASHTRA

2. SHRIKANT BAPUSAHEB SHINDE ..RESPONDENTS Mr. Tejas Hilage, for the applicant.

Smt. Sangeeta D. Shinde, APP for the State- respondent no.1.

Mr. Sangramsinh S. Yadav a/w Ms. Harvinder Kaur Rogi, for respondent no.2.

Ms. Manjula Rao as Amicus Curiae.

CORAM : M. S. KARNIK, J.

DATE : APRIL 16, 2024 (IN CHAMBER) P.C. :

1.

Heard learned counsel for the applicant, learned counsel for the respondent no.2, learned counsel Ms.Manjula Rao who appeared as Amicus Curiae and learned APP for the State.

2.

This is a revision application seeking discharge of the applicant in Special Case No. 73 of 2017 and for quashing and setting aside the order dated 01/02/2019 passed by Special Judge, Kolhapur in Special Case No. 73 of 2017 1/4

connection with the offences punishable under sections 354A(1)(4), 4D(1), 294, 509, 506 read with 34 of the Indian Penal Code, under sections 66(A)(D), 84 of the Information Technology Act, 2000 and section 12 of the Protection of Children from Sexual Offences Act, 2012 registered on 05/01/2014 vide C.R. No.3 of 2014 with Hatkanangale Police Station, Kolhapur qua the applicant herein.

3.

During the course of hearing of this matter, the applicant as well as the respondent no.2 decided to resolve the dispute amicably. Accordingly, an affidavit of apology dated 02/03/2024 is filed by the applicant in this Court. The applicant as well as the respondent no.2 along with his daughter- Shivani Shrikant Shinde are personally present. The affidavit of apology reads thus :

"I, Anuja Arun Patil, adult, resident of Shahu Maharaj Colony, Kolhapur, the Applicant in the above Criminal Revision No. 496 of 2019 filing this written apology on record.

1.

I say that I am residing with my parents in the above address since my birth.

2.

That I have been representing Kolhapur District, as a Cricket player and have played various matches held in Maharashtra, on behalf of the said District. I have also played for Maharashtra team under 19 and also represented India in 2012.

3.

I say that Shivali Shrikant Shinde is my teammate 2/4

representing Kolhapur District and participated in various matches and was my team mate since 2011. I say that the Respondent No. 2 Shrikant Bapusaheb Shinde is the father of said Shivali who has filed criminal case against me at Hatkangale Police Station registered as CR No. 3/2014 dated 05/01/2014 under Section 294, 509, 506 and other offences.

4.

That I had no intention to cause any harm or disrespect to said Shivali Shrikant Shinde as we have been friends and known since long as we played from the same team. I say that both of us have now decided to bury our dispute by amicably settling the difference and misunderstanding between us and I am filing this written apology in the Court for having caused mental stress and offense to her which is the subject of CR. No. 3/2014 registered at Hatkangale Police Station.

5.

That I am giving undertaking that I shall not repeat and/or create and/ or any cause which will affect the reputation of Shivali Shrikant Shinde's name and/ or reputation and/ or malign her name. I say that I shall take all the precautions and care not to indulge in such activities either myself or through any other person known to me and/or using any mode of media and or indulge in making allegation or spreading rumors with respect to the name and/or malign character of said Shivali Shrikant Shinde.

6.

I again tender my unconditional apology for having caused harassment and annoyance to Shivali Shrikant Shinde."

4.

The parties have decided to resolve the dispute and not take the matters any further. It is assured by the respondent no.2 that no precipitative action will be taken based on the apology affidavit filed by the applicant. Respondent no.2 submits that he is satisfied with the 3/4

apology tendered and has no objection if the present revision is allowed and the applicant is discharged. The revision application is accordingly allowed in terms of prayer clause (b). The applicant is discharged from Special Case No. 73 of 2017. Exhibit 18 in Special Case No. 73 of 2017 stands allowed.

5.

It is made clear that this affidavit of apology is limited for the purpose of deciding the present application. The same is taken on record and marked 'X' for identification. 6.

I must place on record my appreciation for the efforts taken by learned Advocate Manjula Rao in not only assisting this Court but also making an effort in resolving the dispute between the parties.

7.

The revision application is disposed of in the above terms.

(M. S. KARNIK, J.) 4/4 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 16/04/2024 18:50:58