Ritesh Avadesh Singh v. State Of Maharashtra And ANR

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.01.28 11:17:34 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 357 OF 2025 Mr.Ritesh Avadesh Singh ...

Petitioner versus The State of Maharashtra & Anr.

...

Respondents ---- Mr.A.Y.Sakhare, Senior Advocate i/b. Mr.Purav Damania for the Petitioner.

Mr.R.M.Pethe, APP for Respondent No.1, State. Mr.Shivraj N. Kunchge for Respondent No.2.

---- CORAM :

RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE :

24TH JANUARY, 2025.

P.C. :- 1.

We have heard the learned Senior Advocate for the Petitioner, the learned Advocate for Respondent No.2 and the learned APP for the State.

2.

The Accused and the Complainant are practicing Advocates in Mumbai. Both have approached this Court praying for quashing of the First Information Report (FIR) bearing No. 1059 of 2024, dated 23rd December, 2024 registered with the Kandivali (West) Police Station, Brihan Mumbai City, which was registered on

transfer of an FIR bearing No. 002 of 2024, dated 19th December, 2024 registered with the Dindoshi Police Station, Brihan Mumbai City. Section 69 of the Bhartiya Nyaya Sanhita, 2023 has been invoked.

3.

Both the parties have approached this Court with a settlement. The consent affidavit of the Complainant dated 7th January, 2025 is placed on record from page Nos. 20 to 22. Both are adults. The Complainant is unmarried. The Accused was already married.

4.

The parties placed reliance on the law laid down by the Hon'ble Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr.1 5.

The learned Senior Advocate graciously submits that the Accused would donate an amount of Rs. 25,000/- to the Bar Council of Maharashtra and Goa.

(2014) 6 SCC 466

6.

This Writ Petition is allowed, by consent, in terms of prayer clause (a), which reads as under :

"(a) That the proceeding viz. FIR registered vide C.R. No. 1059 of 2024 registered by Kandivali Police Station, Mumbai for the alleged offence U/s. 69 of B.N.S, 2023 against Petitioner be quashed and set aside".

7.

The Petitioner would deposit the amount of Rs.25,000/-, within 15 days from today, as donation to the Bar Council of Maharashtra and Goa, details of which are as under : Bar Council of Maharashtra and Goa Account No.10996711937 Bank Name : State Bank of India Branch - Mumbai Main Branch IFSC : SBIN0000300 (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)