Prashant Shrikrishna Pasalkar And ORS v. State Of Maharashtra And ANR
LSP 1 901 wp 1087.25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Writ Petition No.1087 of 2025 Prashant Shrikrishna Pasalkar and others ...
Petitioners V/s.
State of Maharashtra and anr.
...
Respondents.
None for the parties.
CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
Digitally signed by LATA SUNIL PANJWANI Date:
2025.04.17 14:39:43 +0530 LATA SUNIL PANJWANI DATE : 16th April 2025.
P.C. :
This writ petition is placed today by the Registry for speaking to minutes of the order dated 24th March 2025. In that order in Paragraph No.1 and Paragraph No.7(i), the C.R. No. mentioned is 334/2023. As per the FIR annexed at Exhibit-A, the correct number is C.R. No.334/2024. It is a typographical error in the order, therefore, it needs to be corrected.
2.
Accordingly, C.R. number in the Paragraph No.1 and 7(i) be corrected. The order dated 24th March 2025 stands corrected to the aforesaid extent only. Rest of the order shall remain as it is. The corrected order be uploaded.
(S.M. MODAK, J.) (SARANG V. KOTWAL,J)
LSP 2 901 wp 1087.25.doc CORRECTED ORDER DATED 24 th MARCH 2025 READS THUS:
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.334/2024 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.1State and Mr. Siddhesh Bhole, learned counsel for Respondent
LSP 3 901 wp 1087.25.doc 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 Court that there was no coercion in filing the affidavit. He has genuinely settled the matter. He has accepted their apologies and he is
LSP 4 901 wp 1087.25.doc 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.334/2024 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.)