Satyendra Sabhapati Mishra And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.402 OF 2025 Satyendra Sabhapati Mishra and others .....Applicants

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Amin Solkar, Advocate for the Applicants. Mr. B.V. Holambe-Patil, APP for the Respondent No.1-State. Mr. Umang Naresh Shah, Advocate for the Respondent No.2. Ms. Muskan Memon, Advocate for the other victims (three teachers).

----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 24th APRIL, 2025 P.C. :

1.

This is an Application for quashing of the proceedings arising out of C.R. No.75/2025 dated 25.1.2025 registered at Shrinagar police station, Thane for the offences punishable under Sections 75, 296, 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard Mr. Amin Solkar, learned counsel for the Applicants, Mr. B.V. Holambe-Patil, learned APP for the Respondent No.1-State and Mr. Umang Shah, learned counsel for the Deshmane(PS)

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Respondent No.2.

3.

The FIR is lodged by the Respondent No.2. She has stated in her FIR that she was employed with Sadhana Junior College of Arts, Commerce and Science, Ram Nagar, Thane. She was teaching in that college. In the initial part of the FIR, she has alleged about the incident dated 23.1.2025 during which period the Petitioners were instigating the students against the teachers. The Petitioner Nos.1 & 3 went aggressively towards the informant. All the Petitioners abused the informant, but, the informant and other teachers ignored that incident in the hope that this would be sorted out eventually. The incident, which is subject matter of the FIR, is dated 25.1.2025. The FIR describes the incident in detail. The allegations are that all the Petitioners started abusing the informant and other teachers.

They were using abusive language and were abusing the informant and other teachers. They were making allegations about the character of those teachers. They were making some wild allegations concerning one of the teachers and the Petitioner No.2's other son Ashish. If the teachers tried to protest, the Petitioner No.1, who was the Headmaster used to threaten them of not paying their salaries.

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the FIR is lodged.

4.

Now the dispute is settled between the parties. The first informant has filed her affidavit-in-reply. The affidavit of the first informant is also taken on record. The informant has stated that she has entered into a memorandum of understanding with the Petitioners and that she has no objection for quashing of the proceedings.

5.

Apart from her, the other three teachers, who are shown as other victims in the FIR, have also submitted their affidavit-in-reply through their Advocate. Said affidavit is affirmed before the Assistant Registrar of this Court. All these teachers have stated that the dispute is settled and they have no objection for quashing of these proceedings.

6.

The Respondent No.2 is present before the Court. She is identified by her learned counsel. She stated before the Court that she has no objection for quashing of these proceedings. 7.

Though there are allegations against the Petitioner of using abusive language against the teachers and though those utterances are in bad taste, the teachers themselves have no grievance against the Petitioners any more. All the teachers, except

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one, are still teaching in the same college. After that incident, there is no fresh trouble between the parties. It would be in the interest of the educational institute, the students and the teachers concerned that the matter is not escalated further and is put to rest. Therefore, we are inclined to allow this Application. 8.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.75/2025 registered with Shrinagar police station, Thane and the consequent proceedings arising therefrom, are quashed and set aside. ii.

The Application is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.04.30 11:12:01 +0530