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Bombay High CourtWP/3682/2024allowed

Sumer Juneja v. State Of Maharashtra And ANR.

2024-11-21Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Justice Dr. Neela Kedar Gokhale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3641 OF 2024 Lakshmi Nandan Reddy Obul & Ors.

.....Petitioners Vs.

The State of Maharashtra & Anr.

.....Respondents AND CRIMINAL WRIT PETITION NO. 3682 OF 2024 Sumer Juneja .....Petitioner Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Satish Maneshinde with Adv. Deepal Thakkar, Ms. Namita Maneshinde & Adv. Shanice Mansukhani, for the Petitioners in both the Petitions.

Mr. Ashish I. Satpute, APP for Respondent No.1-State in WP 3641/2024.

Mr. Sukanta A. Karmakar, APP for Respondent No.1-State in WP 3682/2024.

Mr. Sameer P. Nangare, for Respondent No.2 in both Petitions. CORAM : M. S. KARNIK AND DR. NEELA GOKHALE, JJ.

DATE : 21st NOVEMBER 2024.

ORDER :- (Dr. Neela Gokhale, J.) 1) Both Petitions are disposed off by common order as they arise out of the same FIR relatable to the same incident. 1) The Petitioners in both the Petitions seek quashing of the FIR No. 131 of 2024 dated 22nd April 2024 registered with Khadki 1/3

Police Station, Pune city for the offences punishable under Sections 120-B, 409, 420, 465, 468, 471 read with 34 of the Indian Penal Code, 1860 ('IPC').

2) The Petitioners in Writ Petition No.3641 of 2024 and the Petitioner in Writ Petition No.3682 of 2024 are the directors of Bundl Technologies Private Ltd. and the Respondent No.2 ('First Informant') is a partner and authorised signatory of M/s. Kothari Wheels. It is alleged by the Respondent No.2 in the FIR that the Petitioners in conspiracy with each other, prepared false and fabricated letter dated 19th May 2022 in the name of Bundl Technologies and also fabricated Leave and Licence Agreement dated 1st April 2022 on which signatures of the Respondent No.2 were forged and the same were efiled in a civil Court. It is further alleged in the FIR that due to this, the Respondent No.2 suffered heavy financial loss. On these ground, FIR is lodged by the Respondent No.2.

3) In the interregnum, the matter is settled between the parties as per the Memorandum of Settlement dated 26th July 2024. The Respondent No.2 has filed Affidavits of Consent dated 14th November 2024 duly affirmed before a Notary Public in both Petitions. In the Consent Affidavits, the Respondent No.2 has stated that he has 2/3

no objection and is giving consent to the quashing of the present crime. The Respondent No.2 is present in the Court and he is identified by his counsel. He reiterates the stand taken by him in the Consent Affidavits.

4) In view of the foregoing, we allow the Petitions in terms of prayer clause (a).

5) The Petitions are disposed of.

(DR. NEELA GOKHALE, J.) (M. S. KARNIK, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.11.22 17:02:02 +0530 SHAMBHAVI NILESH SHIVGAN 3/3