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Bombay High CourtAPL/358/2025allowed

Mrunal Eknath Mhatre v. The State Of Maharashtra And ANR

2025-03-28Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.358 OF 2025 Mrunal Eknath Mhatre .....Applicant

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Prashant D. Jadhav, Advocate for the Applicant. Mr. S.V. Gavand, APP for the Respondent No.1-State. Mr. Sagar Sonawane, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 28th MARCH, 2025 P.C. :

1.

This is an Application for quashing of the FIR registered at Nerul Police Station, Navi Mumbai vide C.R. No.102/2025 dated 6.2.2025 under Sections 115(2) and 118(1) of Bharatiya Nyaya Sanhita, 2023.

2.

Heard Mr. Prashant Jadhav, learned counsel for the Applicant, Mr. S.V. Gavand, learned APP for the Respondent No.1State and Mr. Sagar Sonawane, learned counsel for the Respondent No.2.

by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.04.02 19:07:47 +0530 3.

The FIR is lodged by the Respondent No.2. He has PRADIPKUMAR PRAKASHRAO DESHMANE Deshmane(PS)

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described the incident dated 2.2.2025. There was some earlier incident in the society on 26.1.2025 about damage to the decoration in the society. The Petitioner and the Respondent No.2 are both members of the same society. The FIR is lodged by the informant because of the incident dated 2.2.2025. On that occasion, there was discussion about the earlier incident when the quarrel started between the Respondent No.2 and the Petitioner. It escalated further. The Petitioner No.1 picked up a bamboo and gave blows on the right leg of the informant. On 4.2.2025, the informant felt pain. Therefore, he took treatment and lodged the FIR on 6.2.2025.

4.

The investigation is still going on. Learned APP produced the medical certificate which shows that the informant had suffered three abrasions and two contusions. All of them were described as simple injuries.

5.

Now the matter is settled between the parties. They are residents of the same society. The Respondent No.2 has filed his consent affidavit giving his specific no objection for quashing of the present proceedings.

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6.

The Respondent No.2 is present before the Court. He is identified by his learned counsel. He reiterated the statements in the affidavit. He stated before the Court that that he has no objection for quashing of the criminal proceedings. 7.

The dispute between the parties is purely personal in nature. No major injury is caused to the informant. They are residing in the same society. Therefore, it would be in the interest of all the parties concerned that the criminal prosecution is quashed.

8.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.102/2025 registered with Nerul Police Station, Navi Mumbai as well as the consequent criminal prosecution, are quashed and set aside. ii.

The Application is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)