Vikas Shetty Alias Vikas Sunder Shetty And ORS v. State Of Maharashtra And ANR
ssm 1 19-apl295.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 295 OF 2025 1) Vikas Shetty Alias Vikas Sunder Shetty, Age 50 years, Occupation- Service, Presently r/at- 03, Lotus Apartment, Village - Marol, Andheri (E), Mumbai - 400 059.
Sharad Shankar Chile, Age 59 years, Occupation - Service, C-105, Pimpleshwar CHS, Mahadev Palav Marg, Curry Road, Mumbai - 400 013.
3) Sunil Shridhar More, Age 47 years, Occupation - Service, R/at - 301, Trishul Building, Room No.68, Sitaram Jadhav Marg, Mumbai - 400 013.
4) Sunil Dattaram Bhalekar, Age 55 years, Occupation - Service, 2203, Vighnaharta Building, Girni Kamgar Vasahat, Ghodapdev, Mumbai - 400 033.
5) Shyam Sahebrao Patil, Age 51 years, Occupation - Service, B/16, Besant Vasahat, Saibaba Marg, Mumbai - 400 012 .....Applicants 1/5
ssm 2 19-apl295.2025.doc Vs.
1) State Of Maharashtra, through the N.M. Joshi Marg Police Station, Mumbai.
Mr. Riteshkumar Ajaykumar Shrivastav, Age 29 yrs, Occupation - Service, Permanent resident at - Village - Bhatolia, P/o. Patahi, P/S - Belsand Ward No.12, Bhatolia, Sitamadhi, Bihar - 843 316, Presently residing at - Room No.314, Prem Nagar, Galli Near By Gangaram Laundry, Worli Naka, Mumbai - 400018.
.....Respondents ____________________________________ Ms. Shilpa Pawar for the Applicants.
Mr. Vinod Chate APP, for the Respondent-State. Ms. Anu C. Kaladharan for the Respondent No.2. _____________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.
DATE : 16th JULY, 2025.
P.C.:- 1) Applicants, accused in C.C. No.2478/PS/2024, pending on the file of learned 13th JMFC Court, Dadar, (Camped at Sewree), Mumbai, arising out of C.R.No. 063 of 2024, dated 18th January, 2024, registered with N.M. Joshi Marg Police Station, Mumbai, under Sections 341, 504, 2/5
ssm 3 19-apl295.2025.doc 506, 141, 143 and 149 of the Indian Penal Code, have filed this Application under Section 482 of Cr.P.C. for quashing of the said case with the consent of Respondent No.2, the informant.
Learned Advocate for the Applicants submitted that, the Applicants and Respondents have resolved their disputes and differences. That, the Respondent No.2 is therefore giving consent for quashing of the said crime.
3) Ms. Kaladharan, learned Advocate for the Respondent No.2 submitted that, the Respondent No.2 has already filed on record his Consent Affidavit dated 28th February, 2025. That, the said Affidavit has been duly affirmed before a Notary Public. It is stated therein that, the dispute between the Applicants and Respondent No.2 is amicably settled by clearing the misunderstanding occurred when the alleged incident took place. In paragraph No.3 thereof, Respondent No.2 has stated that, now he does not want to proceed with the present case and has agreed to end the litigation and ready to co-operate for quashing the present crime before this Court.
3.1) Respondent No.2 is personally present in Court and through his Advocate reiterates the contents of his Affidavit dated 28th February, 2025 and his 'No Objection' for quashing of crime in-question. 4) In view of the above, we are inclined to quash C.C. No.2478/PS/2024, pending on the file of learned 13th JMFC Court, Dadar, 3/5
ssm 4 19-apl295.2025.doc (Camped at Sewree), Mumbai, arising out of C.R.No. 063 of 2024, registered with N.M. Joshi Marg Police Station, Mumbai, under Sections 341, 504, 506, 141, 143 and 149 of the Indian Penal Code. 5) As we expressed our opinion for quashing of said crime, learned Advocate for the Applicants on instructions submitted that, the Applicants will pay a cost of Rs.10,000/- each totalling to Rs.50,000/- jointly or severally 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. The said statement is accepted as an undertaking given to this Court.
6) We therefore direct the Applicants to pay a cost of Rs.10,000/- each totalling to Rs.50,000/- jointly or severally 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. 6.1) Details of the bank Account for 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 IFSC Code :- BKID0000001 4/5
ssm 5 19-apl295.2025.doc Type of Account :- Current A/c 6.2) Applicants to pay the said cost of Rs.10,000/- each totalling to Rs.50,000/- jointly or severally, within stipulated period as noted above and submit its receipt in the Registry of this Court. 7) In view of above and subject to payment of cost, Application is allowed in terms of prayer clause 5(i).
8) It is made clear that, if the aforenoted cost is not paid within stipulated period as mentioned above, the Application shall stand revived automatically and in that event, the trial Court will proceed with the said case expeditiously.
9) List the Application on board on 11th August, 2025, under the caption 'for reporting compliance' of present Order. (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:
2025.07.24 10:45:11 +0530 SANJIV SHARNAPPA MASHALKAR 5/5