Rajiv Krushnakumar Burman v. State Of Maharashtra And ANR

dtg 49-Apl-310-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (A.P.L.) NO. 310 OF 2025 Rajiv Krushnakumar Burman ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Hrishi Ghorpade a/w Mr. Vaibhav Khiladkar i/b Mr. Siddharth Sutaria for Applicant.

Smt. Prajakta P. Shinde, A.P.P. for Respondent No.1-State. Mr. Ritesh Thobde for Respondent No.2.

Mr. Shirke, PSI, Wanvadi Police Station, Pune, present. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 22nd July 2025.

P.C. :

1) Leave to amend to incorporate challenge to R.C.C. No. 1016 of 2025, in the prayer clauses, granted.

2) Amendment be carried out during the course of the day. 3) This is an Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS), by the Applicant, accused in R.C.C. No. 1016 of 2025, pending on the file of learned Joint Judicial Magistrate First Class (Cantonment Court), Pune, arising out of C.R. No. 0072 of 2025, dated 9th February 2025, registered with Wanwadi Police Station, Pune, punishable under Sections 281, 125 and 110 of the BNSS and 1/4

dtg 49-Apl-310-2025.doc Sections 184, 177 and 119 of the Motor Vehicles Act, 1988, for quashing of the said case with the consent of Respondent No.2, the victim. 4) Mr. Ghorpade, learned counsel for the Applicant submitted that, the Applicant and Respondent No.2 have amicably settled their disputes and differences and Respondent No.2 is now giving his consent for quashing of the said crime in question. He therefore prayed that, said case may be quashed with the consent of Respondent No.2.

5) Mr. Thobde, learned Advocate for Respondent No.2 submitted that, he has already filed an Affidavit dated 26th February 2025 on record. It is stated therein that, Respondent No.2 has no grievance in furtherance of amicable settlement between Respondent No.2 and the Applicant, he has given no objection to the present crime is quashed. 5.1) Respondent No.2 is personally present in the Court and through his Advocate reiterates the contents of his Affidavit dated 26th February 2025 and his 'No Objection' for quashing of the crime in question. 6) In view of the above, we are inclined to quash R.C.C. No. 1016 of 2025, pending on the file of learned Joint Judicial Magistrate First Class (Cantonment Court), Pune, arising out of C.R. No. 0072 of 2025, dated 9th February 2025, registered with Wanwadi Police Station, Pune, punishable under Sections 281, 125 and 110 of the BNSS and Sections 184, 177 and 119 of the Motor Vehicles Act, 1988.

7) As we expressed our opinion for quashing of said criminal case, 2/4

dtg 49-Apl-310-2025.doc Mr. Ghorpade, learned counsel for the Applicant on instructions submitted that, the Applicant will pay a cost of Rs.75,000/- 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 Court of Bombay. The said statement is accepted as an undertaking given to this Court.

8) We therefore direct the Applicant to pay a cost of Rs.75,000/- 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 Court of Bombay. 8.1) 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 Type of Account :- Current A/c 8.2) Applicant to pay the said cost of Rs.75,000/- within stipulated period as noted above and submit its receipt in the Registry of this Court. 9) In view of the above and subject to payment of cost, Application is allowed in terms of prayer clauses (A) and A-1). 3/4

dtg 49-Apl-310-2025.doc 10) 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.

11) List the Application on board on 26th August 2025, under the caption 'For Reporting Compliance' of present Order. ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 4/4