Chander @ Chandu Menghrajmal Raheja And ANR v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by KANCHAN VINOD MAYEKAR Date:
2025.09.03 19:27:23 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4250 OF 2025 1) Chander @ Chandu Menghrajmal Raheja ] 2) Dinesh Chander Raheja ] ... Petitioners V/s.
1) The State of Maharashtra ] 2) Smt. Anjali Sunil Raheja ]
...Respondents
______________________ Ms. Dinky Gurnani for Petitioners.
Mr. Vinod Chate, A.P.P. for Respondent No.1 - State. Mr.Shubham Chavan i/b. Mr.Sanjay Sonawane for Respondent No.2. Ms.Nikita K. Bhoigad, PSI, Ulhasnagar Police Station, Thane City present. ______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.
DATE : 25th AUGUST, 2025 P.C.:- 1) By this Petition filed under Article 226 of the Constitution of India, Petitioners, accused in R.C.C. No. 13 of 2022 pending on the file of Judicial Magistrate First Class, Ulhasnagar arising out of C.R.No. 355 of 2021 dated 13th October, 2021, registered with Ulhasnagar Police Station, Thane City, for the offences punishable under Sections 354, 323, 504, 506 and 34 of the Indian Penal Code, have prayed for quashing of the said crime, with the consent of Respondent No.2, the informant. 1/4
2) Learned Advocate for the Petitioners submitted that, the Respondent No.2 is sister-in-law of Petitioner No.1. That, the alleged offence has taken place over the issue of parking of handcart for sell of vegetables between the Petitioner No.1 and Respondent No.2. That, the parties herein have now settled their matter amicably and Respondent No.2 is giving her consent for quashing of the crime. He therefore prayed that the said crime may be quashed with the consent of Respondent No.2. 3) Mr.Chavan, learned Advocate appearing for Respondent No.2 submitted that, the Respondent No.2 has already filed on record her Affidavit dated 28th July, 2025, duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of compromise between the parties. In Para No. 7 thereof, the Respondent No.
2 has given her no objection for quashing of the said crime. 3.1) Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 28th July, 2025 and her 'No Objection' for quashing of the crime in question. 4) In view of the above, we are inclined to quash RCC No. 13/2022 pending on the file of Judicial Magistrate First Class, Ulhasnagar arising out of C.R.No. 355 of 2021 dated 13th October, 2021, registered with Ulhasnagar Police Station, Thane City.
5) As we expressed our opinion for quashing of RCC No. 13/2022 pending on the file of Judicial Magistrate First Class, Ulhasnagar arising out 2/4
of C.R.No. 355 of 2021 dated 13th October, 2021, registered with Ulhasnagar Police Station, Thane City, Mr.Gurnani, learned Advocate for the Petitioners on instructions submitted that, for quashing of the said crime, the Petitioners will voluntarily pay a cost of Rs. 30,000/- each, totalling to Rs.60,000/- jointly or severally, to the 'Armed Forces Battle Casualties Welfare Fund' (AFBCWF), within a period of two weeks from the date of uploading of present Order on the official website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court.
5.1) We therefore direct the Petitioners to pay a cost of Rs.30,000/- each totalling to Rs.60,000/- jointly or severally, to the 'Armed Forces Battle Casualties Welfare Fund' (AFBCWF), within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay and submit its receipt(s) in the Registry of this Court. 5.2) Details of the bank Account for payment of cost are as under:- Account Name :- Armed Forces Battle Casualties Welfare Fund (AFBCWF) Account Number :- 90552010165915.
Bank Name :- Canara Bank.
Branch :- South Block, Defence Headquarters, New Delhi - 110 011.
IFSC Code :- CNRB0019055.
6) Petitioners to deposit the aforestated cost within stipulated period as noted above and submit its receipt(s) in the Registry of this Court. 3/4
7) In view of the above and subject to payment of cost by the Petitioners within stipulated period as noted above, the Petition is allowed in terms of prayer clause (A).
8) It is made clear that, if the said cost is not paid within stipulated period as mentioned above, Petition shall stand revived automatically and in that event, the trial Court will proceed with the said case expeditiously.
9) List the Petition on board on 25th September, 2025, under the caption 'For Reporting Compliance' of present Order. (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 4/4