Pritam Pradeep Mhatre v. State Of Maharashtra And ANR

RVC 15-Apl-34-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (A.P.L.) NO. 34 OF 2025 Pritam Pradeep Mhatre ] ... Applicant V/s.

1.

The State of Maharashtra ] 2.

Mohammed Javed Yusuf Shaikh ] ... Respondents _______________________________________ Mr. Jayant Bardeskar for Applicant.

Ms. Prajakta P. Shinde, A.P.P. for Respondent No.1-State. Mr. Abdul Wahab Shaikh a/w. Mr. Zoeb R. Qureshi & Mr. Mustaq Shaikh for Respondent No.2.

Officer : P.S.I. Mr. M.B. Dhumal, Bhoiwada Police Station, Mumbai, present. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 31st July 2025.

P.C. :

1) By this Application under Section 482 of Criminal Procedure Code, the Applicant, an accused in CC/403/PW/2025 pending on the file of learned Judicial Magistrate, Court No.29, Dadar, Mumbai, arising out of CR No. 0328 of 2023, dated 5th September 2023, registered with Bhoiwada Police Station, Mumbai, under Sections 471, 468, 465, 420 of the Indian Penal Code, is seeking quashing of the said case, with the consent of Respondent No.2, the informant.

1/4

RVC 15-Apl-34-2025.doc 2) Mr. Shaikh, learned Advocate for Respondent No.2 tendered across the bar his Affidavit dated 15th July 2025, duly affirmed before a Notary Public. It is stated therein that, the Applicant and Respondent No.2 have executed Consent Terms dated 19th November 2024 in Anticipatory Bail Application No. 3443 of 2023 before the learned Single Judge of this Court. In para No.3 of the Affidavit, it is stated that, as the parties herein have settled their disputes amicably, he has no objection to grant relief as prayer for by the Applicant in the Application.

2.1) Respondent No.2 is personally present in the Court and through his Advocate reiterates the contents of his Affidavit dated 15th July 2025 and his 'no objection' for quashing of the crime in question. 3) In view thereof, we are inclined to quash CC/403/PW/2025 pending on the file of learned Judicial Magistrate, Court No.29, Dadar, Mumbai, arising out of CR No. 0328 of 2023, dated 5th September 2023, registered with Bhoiwada Police Station, Mumbai. 4) As we expressed our opinion for quashing of CC/403/PW/2025 pending on the file of learned Judicial Magistrate, Court No.29, Dadar, Mumbai, Mr. Bardeskar, learned Advocate for Applicant on instructions submitted that, for quashing of the said case the Applicant will voluntarily pay a cost of Rs.25,000/- to the Bar Council of Maharashtra and Goa's Advocate Academy and Research Center, within a period of two weeks from the date of uploading of the present Order on the official website of the High 2/4

RVC 15-Apl-34-2025.doc Court of Bombay. The said statement is accepted as an undertaking given to this Court.

5) We therefore direct the Applicant to pay a cost of Rs.25,000/- to Bar Council of Maharashtra and Goa's Advocate Academy and Research Center 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. 5.1) Details of the bank Account for payment of cost are as under:- Account Name :

BCMG'S Advocate Academy & Research Center Bank and Branch :

Bank of India, Mumbai Main Account Number :

000120110001327 Type of Account :

Current A/c IFSC Code :

BKID0000001 5.2) Applicant to pay the aforenoted cost within stipulated period as noted above and submit its receipt in the Registry of this Court. 6) In view of above and subject to payment of cost, Application is allowed in terms of prayer clause (a.1).

7) It is made clear that, if the cost is not paid within stipulated period as mentioned above, Application shall stand revived automatically and in that event, the trial Court will proceed with the said case expeditiously.

3/4

RVC 15-Apl-34-2025.doc 8) List the Application on board on 9th September 2025, under the caption 'For Reporting Compliance' of present Order. ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) Digitally signed by RAJESH VASANT CHITTEWAN Date:

2025.08.05 13:04:25 +0530 RAJESH VASANT CHITTEWAN 4/4