Sanket @ Satyam S/O Laxmikant Mundlik v. State Of Maharashtra And ANR
Digitally signed by GAURI AMIT GAEKWAD Date:
2025.01.24 10:57:37 +0530 GAURI AMIT GAEKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1595 OF 2024 Sanket @ Satyam s/o Laxmikant Mundlik ....Applicant
Versus
The State of Maharashtra & Anr.
....Respondents ---- Ms. Sakshi Thombre i/b. Mr. S.S. Thombre for the Applicant. Ms. P.N. Dabholkar, APP for the State.
Mr. Karad for Respondent No.2 (through virtual mode). ---- CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.
DATE : 22nd JANUARY, 2025 P.C. :- 1.
Respondent No.2/Complainant registered an FIR No.0117 of 2024 on 23rd March, 2024 with the Warje Malwadi Police Station, Pune City. The contents of the FIR are indicative of one sided infatuation. The boy had proposed on a few occasions and the girl/Complainant was not willing to be acquainted with him. It is from this angle that the boy is said to have assaulted the girl causing blunt trauma over the scalp, right wrist, throat, a contusion over the left forearm and below the right eye, and an abrasion over the left arm (bite). This certificate, dated 23rd March, 2024, is issued by the Sassoon General Hospital, Pune.
2.
The learned Advocate appearing on behalf of the Complainant submits that the Complainant is a law student. Since the Complainant is from Taluka Sillod, District Chhatrapati Sambhaji Nagar, she is seriously apprehensive that the FIR would become a hurdle in her future life, especially in relation to her future marriage. The Complainant desires that the FIR be quashed, by consent, only to ensure that this issue is closed and there is no pending case, as and when her marriage would be arranged. 3.
The learned Advocate for the Applicant, on instructions submits that the Applicant would never try to get in contact with the Complainant, he would never approach her and he would not give a single occasion for the girl to make any complaint against him even to the extent of stalking. The learned Advocate for the Applicant further submits that, to show his bonafides, the Applicant is willing to donate Rs.25,000/-. The learned Advocate for the Complainant submits that the said amount be utilised for a public cause. 4.
Considering the peculiar facts, as recorded above and in the light of the law laid down by the Hon'ble Supreme Court in the case of Narinder Singh & Ors. v/s. State of Punjab and Anr.1, this (2014) 6 SCC 466
Criminal Application is allowed, by consent, in terms of prayer clause (b), which reads as under :
(b) The impugned F.I.R. registered with the Police Station, Warje Malwadi, Tq. & District Pune bearing its crime No.0117/2024 for an offence under Section 366, 324, 323, 504 and 506 of Indian Penal Code may kindly be quashed and set aside and for that purpose issue necessary orders. Consequentially, RCC No.269 of 2021 shall also stand disposed off.
5.
A formal order be passed by the learned Trial Court after the Accused produces a receipt of donating Rs.25,000/- to 'Poor Box Charity Fund, K.E.M. Hospital, Mumbai'. The account details are as under :
Name Poor Box Charity Fund, K.E.M. Hospital, Mumbai Account No.
99350100000877 Bank Bank of Baroda Branch Parel, Mumbai IFSC Code BARB0BBPARE (5th Letter is Zero) Let the said amount be deposited on or before 15th February, 2025.
6.
List this disposed off Criminal Application on 21st February, 2025 for recording compliance. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)