Gopal Raghos Patil v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1728 OF 2025 Gopal Raghos Patil .... Petitioner versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Aman A. Kothari i/b. S. U. Pawar, Advocate for Petitioners. • Mr. Tushar Agrawal i/b. Keshav Agrawal, Advocate for Respondent No.2.

• Mr. S. V. Gavand, APP for the State/Respondent.

CORAM

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

DATE : 22nd APRIL, 2025 P.C. :

1.

Heard Mr. Aman A. Kothari, learned Counsel for the Petitioner, Mr. Tushar Agrawal, learned counsel for the Respondent No.2 and Mr. S. V. Gavand, learned APP for the State. 2.

There is a charge-sheet filed at the Dindoshi Police Station in respect of the offence registered vide C.R. No.935/2022 at Dindoshi Police Station on 17/08/2022 for the Digitally signed by MANUSHREE NESARIKAR Date:

2025.04.28 11:34:44 +0530 offence punishable u/s 354, 509, 323 of the Indian Penal Code, MANUSHREE NESARIKAR which is in respect of the incident dated 04/08/2022 at about Nesarikar

2 / 3 07.00 p.m. There is allegation that the present Petitioner gave abuses to the first informant. There is allegation that the Petitioner also caught her hair. At that time, her daughter tried to intervene. She was also given same treatment. Her clothes were torn. On these allegations, the FIR came to be registered. After completion of investigation, the charge-sheet came to be filed. It is alleged that there are statements of witnesses which support the allegations in the FIR.

3.

Apart from that, there is also an FIR bearing No.890/2022 registered with the same police station on 06/08/2022, which was registered on the complaint of Vandana Patil who is the wife of the Petitioner Gopal Patil. It is against one Pravin Gupta and others. That is a separate Writ Petition No.1693 of 2025. In that case also, charge-sheet came to be filed.

4.

During the pendency of the Petition, both the parties have settled the dispute. They are neighbours in the same building. Due to intervention of well-wishers now they have settled the dispute and they have agreed to reside peacefully.

3 / 3 The dispute is personal in nature. They are residing in the same building. They are going to meet each other every now and then. If the prosecution continues, it will again create complications and it is in their best interest that the prosecution is quashed and set aside.

5.

The Respondent No.2 is present and she has filed an affidavit. She affirms the averments. She is identified by the learned. She has no objection for quashing of the FIR. We find every reason to quash the prosecution. In view of this following order is passed :

O R D E R

(i) The FIR registered vide C.R. No.935/2022 at Dindoshi Police Station and the further proceedings arising out of the said FIR, are quashed and set aside.

(ii) The Petition is disposed of.

(S. M. MODAK J.) (SARANG V. KOTWAL, J.)