Prashant Shrikrishna Pasalkar And ORS v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1087 OF 2025 Prashant Shrikrishna Pasalkar and others .....Petitioners

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Balasaheb G. Ligade, Advocate for the Petitioners. Mr.J.P. Yagnik, APP for the Respondent No.1-State. Mr. Siddhesh Bhole, Advocate a/w. Anushree Koparkar i/b SSB Legal & Advisory for RespondentNo.2.

----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 24th MARCH, 2025 P.C. :

1.

This is a Petition filed for quashing of the FIR registered vide C.R. No.334/2023 at Azad Maidan police station, Mumbai under Sections 189(2), 190, 191(2), 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. 2.

Heard Mr. Balasaheb Ligade, learned counsel for the Petitioners, Mr.J.P. Yagnik, learned APP for the Respondent No.1-State and Mr. Siddhesh Bhole, learned counsel for Deshmane(PS)

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Respondent No.2.

3.

The FIR is lodged by the Respondent No.2. He has stated that he was in the process of taking the tender for repairs of a Government building. The Petitioners were also interested in the same. There was a dispute. The incident, which is the subject matter of the FIR, took place on 15.10.2024 at about 7.55 p.m. at Marzban Road, Mumbai. It is alleged that all the Petitioners called the informant at that place at 8.25 p.m.. They called him towards their car. When he went there, they got down and threatened him. He was slapped and abused. On these allegations, the FIR is lodged. 4.

Now the parties have settled the matter. The first informant has filed his affidavit. It is stated that the Petitioners have apologized to him and in the light of the business relations, he has no objection for quashing of these proceedings.

5.

The Respondent No.2 is present in the Court. He is identified by his learned counsel. He has stated before the

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Court that there was no coercion in filing the affidavit. He has genuinely settled the matter. He has accepted their apologies and he is satisfied with that.

6.

Considering that the Respondent No.2 himself does not wish to prosecute the Petitioners and since the matter was a private incident between the Petitioners and the Respondent No.2, we are inclined to allow this Petition. 7.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.334/2023 at Azad Maidan police station, Mumbai as well as the criminal proceedings arising therefrom, are quashed and set aside.

ii.

The Petition is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.03.27 12:11:35 +0530