Jeet Atul Shah And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2448 OF 2025 SATISH RAMCHANDRA SANGAR 1.

Jeet Atul Shah 2.

Dayanand Manikapaa Maitre SATISH RAMCHANDRA SANGAR Date: 2025.05.08 16:28:00 +0530 3.

Kailash Chandra Joshi 4.

Shirish Dinesh Pathak

...Petitioners

Versus

1.

The State of Maharashtra 2.

Deepak Ashok Teki

...Respondents

***** Mr.Rahul Moghe (Through V.C.) i/b. Ms.Kalyani Rathod - Advocate for Petitioners.

Smt.M.M.Deshmukh - APP for Respondent No.1 - State. Mr.Anil Lalla a/w Mr.Yash Pulekar, Ms.Ankita Rathod, Ms.Rithika Yerra - Advocates for Respondent No.2. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 6th MAY 2025 P.C. :

1.

This is a Petition for quashing of the criminal proceedings pending before the learned Judicial Magistrate First Class - 40th Court, Girgaon vide the C.C. No.460/PW/ 2023 arising out of the C.R. No.484 of 2022 registered at

Gamdevi Police Station on 2nd December 2022 under Sections 323, 324, 326, 504 read with 34 of the Indian Penal Code, 1860 ("IPC"). The F.I.R. is lodged by the Respondent No.2. 2.

He has stated in his F.I.R. that he was working as a delivery boy for food parcels since 2021. The incident occurred on 1st December 2022 at about 7.10 p.m. He had gone to a sandwich shop near a petrol pump, opposite to Jaslok hospital. When he went to the petrol pump, one of the employees of that petrol pump abused him and told him not to park his vehicle inside the petrol pump's premises. The employee started abusing and assaulting him. The Petitioner No.1 is the owner of the petrol pump, and the other Petitioners are the employees. It is alleged that because of this assault, he suffered injuries. On this basis, the F.I.R. is lodged.

3.

The charge-sheet contains the statements of one Ismail Parkar, Suryaprakash Sharma, Mohammad Arshad Shaikh, and Sonu Bharati who have supported the allegations in the F.I.R. The injury certificate shows that the informant had suffered injuries on the neck, head, and back. Most of those injuries are in the nature of tenderness but there was dislocation of right shoulder.

4.

Now, the dispute is completely settled between the parties. The Affidavit mentions that he has "No objection" for quashing of the entire proceedings. The Respondent No.2 is present before the Court. He is identified by his learned counsel. He has stated before the Court, that though his shoulder is not completely healed, and it requires further treatment, he is sure that he wants to settle the matter, and he has "No objection" if the proceedings are quashed. 5.

Considering that the dispute between the parties arose out of some parking issue, the quarrel led to the incident whereby the informant was assaulted. There was a cross case in which the allegations are that the informant i.e. the Respondent No.2 had assaulted the Petitioner No.1. The said cross case was quashed by a separate order passed today in Criminal Writ Petition No.1534 of 2025. Considering the private nature of dispute between the parties, and the wish expressed by the Respondent No.2, we are inclined to allow this Petition. Hence, the following order:-

O R D E R

(i) The criminal proceedings pending before the learned Judicial Magistrate First Class - 40th Court, Girgaon vide the C.C. No.460/PW/2023 arising out

of the C.R. No.484 of 2022 registered at Gamdevi Police Station are quashed and set aside.

6.

With these observations, the Petition is disposed of. (S.M.MODAK, J.) (SARANG V. KOTWAL, J.)