Raghav Jitendra Lakhotiya v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.07.30 16:50:41 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 530 OF 2025 Raghav Jitendra Lakhotiya ] Age :- 23 Years, Occupation: Business] R/O :- 8/24, Mahesh Nagar, ] Near Raj Mohalla, Indore, ] Madhya Pradesh - 452001 ] ...Applicant V/s.

1.

The State of Maharashtra ] Through MIDC Police Station, ] Mumbai ] 2.

XYZ ] Age :- 21 Years, Occupation :Student,] R/O :- Danica - 1203, ] Building No.15, Vasant Oasis, ] Makhwana Road, Marol, ] Andheri (East), Mumbai - 400059 ]

...Respondents

______________________ Mr. Ashish Gupta a/w. Ms.Akshada A. Pasi for Applicant. Mr. Ajay S. Patil, A.P.P. for Respondent No. 1 - State. Mr. Ramprasad Gupta a/w. Mr.Dinesh Gupta for Respondent No.2. Mr.Sachin Tambe, PSI, MIDC Police Station, Mumbai present. ______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 17th JULY, 2025 P.C.:- 1) By this Application under Sections 482 of the Criminal Procedure Code, the Applicant, accused in C.C.No. 1914/PW/2025 pending on the file of 22nd Judicial Magistrate First Class, Andheri, Mumbai arising out of C.R.No. 0161 of 2025 dated 29th March, 2025, registered with MIDC Police Station, Mumbai under Sections 69, 64, 351(2) and 352, 115(2) of 1/4

Bharatiya Nyaya Sanhita, 2023, is seeking to quash the said crime along with charge-sheet filed therein, with the consent of Respondent No.2, the informant.

2) Mr. Ashish Gupta, learned Advocate appearing for Applicant submitted that, in the intervening period, the Applicant and Respondent No.2 have arrived at amicable settlement due to the intervention of family members of respective parties and well-wishers from the society. That, Respondent No.2 therefore is now giving her consent for quashing of the crime in question. He therefore prays that, the said crime may be quashed with the consent of Respondent No.2.

3) Mr. Ramprasad Gupta, learned Advocate appearing for Respondent No.2 tendered across the bar her Affidavit dated 17th July, 2025 duly affirmed before a Notary Public. It is stated therein that, after lodgment of present crime, both families i.e. parents of Respondent No.2 and of Applicant have interacted and deliberated upon the matter and considering the ages of the respective parties, decided to settle the issue amicably. In Para No.(7) thereof, Respondent No.2 has given her 'No Objection' for quashing of the said case arising out of the said crime. 3.1) Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 17th July, 2025 and her 'No Objection' for quashing of the crime in question. 4) Perusal of First Information Report indicates that, Applicant 2/4

and Respondent No.2 were residents of the same Co-operative Housing Society at Mumbai and were acquainted with each other. In due course of time, they became friends and their friendship subsequently blossomed into an affair. Applicant gave proposal to marry with Respondent No.2 and under the promise of marriage, established physical relations with her. Subsequently, their relations got soured and the Applicant resiled from his promise to marry with Respondent No.2. Thereafter present crime is registered by Respondent No.2.

5) In view of the above, we are inclined to quash C.C.No. 1914/PW/2025 pending on the file of 22nd Judicial Magistrate First Class, Andheri, Mumbai arising out of C.R.No. 0161 of 2025 registered with MIDC Police Station, Mumbai dated 29th March, 2025. 6) As we expressed our opinion for quashing of C.C.No. 1914/PW/2025, Mr.Ashish Gupta, learned Advocate for Applicant on instructions submitted that, the Applicant will voluntarily pay a cost of Rs.3,00,000/- 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 present Order on the official website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court.

6.1) We therefore direct the Applicant to pay a cost of Rs.3,00,000/- to the Bar Council of Maharashtra and Goa's Advocate Academy and 3/4

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 and submit its receipt(s) in the Registry of this Court. 6.2) 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 Account IFSC Code :

BKID0000001 7) Applicant to pay the aforestated cost within stipulated period as noted above and submit its receipt(s) in the Registry of this Court. 8) In view of the above and subject to payment of cost by the Applicant within stipulated period as noted above, the Application is allowed in terms of prayer clause (i).

9) 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.

10) List the Petition on board on 18th August 2025, under the caption 'For Reporting Compliance' of present Order. (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 4/4