Sandeep Mhalu Tadge And ANR v. State Of Maharashtra And ORS
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1625 OF 2025 Sandeep Mhalu Tadge and another .....Petitioners
Versus
The State of Maharashtra and others .....Respondents ----- Mr. Vishal Deshmukh, Advocate for the Petitioners. Mr. S.R. Agarkar, APP for the Respondent Nos.1 & 3-State. Mr. Avdhut S. Hingne, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
DATE : 30th APRIL, 2025 P.C. :
1.
This is a Petition for quashing of C.C. No.4883/PW/2024 pending on the file of J.M.F.C., 67th Court, Borivali, Mumbai arising out of C.R. No.355/2023 registered at Dindoshi police station, Mumbai on 11.5.2023 under Sections 324, 323, 504 read with 34 of IPC.
2.
Heard Mr. Vishal Deshmukh, learned counsel for the Petitioners, Mr. S.R. Agarkar, learned APP for the Respondent Nos.1 & 3-State and Mr. Avdhut Hingne, learned counsel for the Respondent No.2.
Deshmane(PS)
: 2 :
3.
The FIR is lodged by the Respondent No.2. He has stated that he was working as a Personal Assistant with the Petitioner No.1. On 11.5.2023 at about 2.00 p.m. the informant went to Film City Road as he was called by the Petitioner No.1. After some time, the Petitioner No.1 came there in his car. He was accompanied by the Petitioner No.2. The car was taken towards Satellite Tower. The Petitioner No.1 asked the informant about the amount of Rs.10 Lakhs. The Petitioner No.1 alleged that it was misappropriated by the first informant. He denied it. There was a quarrel. The informant got down. Both the Petitioners also got down from the car. The Petitioner No.1 slapped him. The Petitioner No.2 removed a hockey stick from the car and gave a blow on the informant's back. In the meantime, the people gathered there and the Petitioners went away. On these allegations, the FIR is lodged. The investigation was carried out and the charge-sheet is filed.The medical certificate shows that the informant had suffered blunt trauma.
4.
The parties have now settled the dispute. The Respondent No.2 has filed his affidavit mentioning that the matter is settled and that he has no objection for quashing of the
: 3 :
proceedings. The Respondent No.2 is present before the Court. He is identified by his learned counsel. He reiterated the contents of the affidavit. He stated before the Court that he has no objection for quashing of the proceedings.
5.
The dispute between the parties was purely personal in nature. No serious injury is caused to the informant. He has given his no objection for quashing of the proceedings. Therefore, we are inclined to allow this Petition.
6.
Hence, the following order:
:: O R D E R ::
i.
The FIR being C.R. No.355/2023 registered at Dindoshi police station, Mumbai as well as the consequent criminal prosecution being C.C. No.4883/PW/2024 pending on the file of J.M.F.C., 67th Court, Borivali, Mumbai, are quashed and set aside.
ii.
The Petition is disposed of accordingly.
( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:
2025.05.07 11:10:40 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE