Vipendrasingh Ramsingh Rajpurohit And ANR v. The State Of Maharashtra And ANR

2025:BHC-AS:28959-DB DDR 14. WP 2857-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2857 OF 2025 1.

Vipendrasingh Ramsingh Rajpurohit ) 2.

Chand Ayub Shah )..Petitioners Vs.

1.

The State Of Maharashtra ) (through L. T. Marg Police Station) ) 2.

Hiteshkumar Narayarlal Mali )..Respondents _______________________________ Ms. Sejal Nalawde h/f. Mr. Manoj Kumar Tiwari for Petitioners. Smt. Savita M. Yadav, APP for Respondent No.1-State. Mr. Pratik S. Molasi for Respondent No.2.

Mr. Ajay Ghosalkar, PI, L. T. Marg Police Station, Mumbai. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 8th July, 2025.

P.C.:- 1) By this Petition under Article 226 of the Constitution of India, the Petitioners, Accused in C. R. No.419 of 2023, dated 12th July 2023, registered with L. T. Marg Police Station, Mumbai, under Sections 387, 347 read with 120-B of the Indian Penal Code, are seeking quashing of the said crime with the consent of Respondent No.2, the informant. 1.1) Learned Advocate for Petitioners, on instructions, submitted 1/4

DDR 14. WP 2857-25.doc that, till date the investigation of the present crime is not completed. 1.2) Learned APP, on instructions from Mr. Ajay Ghosalkar, Police Inspector, L. T. Marg Police Station, Mumbai, conceded to the said fact. 2) Learned Advocate for the Petitioners submitted that, now the Petitioners and Respondent No.2 have settled their disputes and differences amicably and Respondent No.2 has affirmed consent Affidavit dated 29th April 2025. In it the Respondent No.2 has given his consent for quashing of the said crime. She therefore prayed that the said crime may be quashed with the consent of Respondent No.2.

3) Learned Advocate appearing for Respondent No.2 submitted that, Respondent No.2 has already filed consent Affidavit dated 29th April 2025 on record. It is stated therein that, Respondent No.2 has settled his matter amicably outside the Court with the Petitioners and has no objection for quashing of the said FIR. In Paragraph No.3 thereof, Respondent No.2 has given his 'No Objection' for quashing of the said case. 3.1) Respondent No.2 is personally present in the Court and through his Advocate reiterates the contents of his Affidavit dated 29th April 2025 and his 'No Objection' for quashing of the crime in question. 4) In view of the above, we are inclined to quash C. R. No.419 of 2023, dated 12th July 2023, registered with L. T. Marg Police Station, Mumbai.

5) As we expressed our opinion for quashing of C. R. No.419 of 2/4

DDR 14. WP 2857-25.doc 2023, dated 12th July 2023, registered with L. T. Marg Police Station, Mumbai, learned Advocate for the Petitioners, on instructions submitted that, the Petitioners will pay a cost of Rs.50,000/- each, totalling to Rs.1,00,000/-, jointly or severally, to the Bar Council of Maharashtra and Goa's Advocate Academy & Research Center, within a period of two weeks from the date of uploading of present Judgment on the official website of High Court of Bombay. The said statement is accepted as an undertaking given to this Court.

6) We therefore direct the Petitioners to pay a cost of Rs.50,000/- each totalling to Rs.1,00,000/-, jointly or severally, to the Bar Council of Maharashtra and Goa's Advocate Academy & Research Center, within a period of two weeks from the date of uploading of present Judgment on the official website of High Court of Bombay.

6.1) Details of the bank account of payment of cost are as under :- Account Name : BCMG'S Advocate Academy & Research Center Account Number : 000120110001327 Bank Name : Bank of India Branch Name : Mumbai Main Branch IFS Code : BKID0000001 Type of Account : Current Account 7.

Petitioners to pay the aforestated cost of Rs.50,000/- each, totalling to Rs.1,00,000/- within stipulated period as noted above and submit its receipt(s) in the Registry of this Court. 3/4

DDR 14. WP 2857-25.doc 8.

In view of the above and subject to payment of cost by Petitioners within stipulated period as noted above, Petition is allowed in terms of prayer clause (a).

9.

It is made clear that, if the cost is not paid within stipulated period as mentioned above, Petition shall stand revived automatically and in that event, investigation of the crime will be conducted expeditiously. 10.

List the Petition on board on 7th August 2025, under the caption 'For Reporting Compliance' of present Judgment. (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 4/4 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 15/07/2025 19:12:37