Pritish Pravin Patil v. The State Of Maharashtra And ANR

dtg 33-Wp-2849-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2849 OF 2024 Pritish Pravin Patil ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Kedar J. Patil a/w Ms. Sakshi S. Kadam for Petitioner. Smt. Savita M. Yadav, A.P.P. for Respondent No.1-State. Mr. Pratik G. Tare for Respondent No.2.

Respondent No.2 is present in person.

Mr. Ajay M. Pataskar, HC, Haveli Police Station, Pune, present. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 5th August 2025.

P.C. :

1) Petitioner, accused in S.C.C. No. 69769 of 2025, pending on the file of learned 6th Joint Judicial Magistrate First Class, Pune, arising out of C.R. No. 0502 of 2023 dated 14th November 2023, registered with Haveli Police Station, Pune, punishable under Sections 279, 337, 338 and 184 of the Indian Penal Code (IPC), is seeking quashing of the said crime with the consent of Respondent No.2, the informant, victim. 2) Mr. Patil, learned Advocate for Petitioner on instructions submitted that, the Petitioner and Respondent No.2 have now settled their disputes and differences. That, the Petitioner has also been adequately 1/3

dtg 33-Wp-2849-2024.doc compensated and therefore Respondent No.2 has now agreed to give his consent for quashing of the said crime in question. He therefore prayed that, the said crime may be quashed with the consent of Respondent No.2. 3) Mr. Tare, learned Advocate for Respondent No.2 tendered across the bar his Affidavit dated 30th April 2025, duly affirmed before a Notary Public. The fact of amicable settlement between the parties is admitted therein. In para No.6 thereof, Respondent No.2 has given his consent for quashing of the said crime in question.

3.1) Respondent No.2 is personally present in the Court and through his Advocate reiterates the contents of his Affidavit dated 30th April 2025 and his 'No Objection' for quashing of case in question. 4) In view of the above, we are inclined to quash S.C.C. No. 69769 of 2025, pending on the file of learned 6th Joint Judicial Magistrate First Class, Pune, arising out of C.R. No. 0502 of 2023 dated 14th November 2023, registered with Haveli Police Station, Pune.

5) As we expressed our opinion for quashing of said criminal case, Mr. Patil, learned Advocate for Petitioner on instructions submitted that, for quashing of the said crime the Petitioner will voluntarily pay a cost of Rs.1,00,000/- to the Armed Forces Battle Casualties Welfare Fund within a period of two weeks from the date of uploading of present Order on the official website of High Court of Bombay. The said statement is accepted as an undertaking given to this Court.

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dtg 33-Wp-2849-2024.doc 5.1) We therefore direct the Petitioner to pay a cost of Rs.1,00,000/- to the Armed Forces Battle Casualties Welfare Fund within a period of two weeks from the date of uploading of present Order on the official website of High Court of Bombay.

5.2) Details of the bank account for payment of cost are as under :- Account Name :- Armed Forces Battle Casualties Welfare Fund.

Account Number :- 90552010165915.

Bank Name :- Canara Bank.

Branch :- South Block, Defence Headquarters, New Delhi - 110 011.

IFSC Code :- CNRB0019055.

5.3) Petitioner to pay the said cost of Rs.1,00,000/- within stipulated period as noted above and submit its receipt in the Registry of this Court. 6) In view of above and subject to payment of cost, Petition is allowed in terms of prayer clause (a).

7) It is made clear that, if the cost is not paid within stipulated period as mentioned above, Petition shall stand revived automatically and in that event, the trial Court will proceed with the said case expeditiously. 8) List the Petition on board on 9th September 2025, under the caption 'For Reporting Compliance' of present Order. ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 3/3