Shankar Krishna Virkar And ORS v. The State Of Maharashtra And ANR

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.01.29 20:00:10 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 403 OF 2025 Shankar Krishna Virkar & Ors.

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Petitioners versus The State of Maharashtra & Anr.

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Respondents ---- Mr.S.B.Kalel for the Petitioners.

Ms.P.N.Dabholkar, APP for Respondent No.1, State with Mr.Shahaji Shinde, 'B' Panel Counsel.

Mr.Dilip Shinde for Respondent No.2.

---- CORAM :

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

DATE :

27TH JANUARY, 2025 P.C. :- 1.

Both, the Accused and the Complainant, Respondent No.2 herein, are before the Court with a joint request that the First Information Report (FIR) bearing No. 0498 of 2024, dated 28th December, 2024 registered with the Kalamboli Police Station, Navi Mumbai, be quashed.

2.

It is conceded that, besides the Complainant having been slapped by the Accused, there are no injuries. The Complainant's five tolas gold chain went missing and a cellular phone mentioned in the FIR got damaged. The cell phone is not replaced and the gold chain is not traceable. Yet, the Complainant voluntarily desires to settle the issue and for which, an affidavit dated 14th January, 2025 (original form), running into three pages, is tendered across the bar. The same is marked as 'X' for identification.

3.

The learned Advocate for the Complainant submits that he has no grievance against any of these Accused. They have buried the hatchet and he does not desire to take the criminal case forward. 4.

The learned APP submits that there were no injuries, except that the Complainant suffered slaps at the hands of the eight accused.

5.

Considering the above and in the light of the law laid down by the Hon'ble Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr.1 and K. Bharthi Devi and Anr. v. State of Telangana and Anr.2, this Writ Petition is allowed, by consent, and (2014) 6 SCC 466 [2024] 10 S.C.R. 650

the FIR bearing No. 0498 of 2024, dated 28th December, 2024 registered with the Kalamboli Police Station, Navi Mumbai, stands quashed.

(PRAVIN S. PATIL, J.) (RAVINDRA V. GHUGE, J.)