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Bombay High CourtAPL/560/2025disposed off

Vinod Rayshi Satra v. The State Of Maharashtra And ANR

2025-07-22Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil4 pages

KVM 50 - APL 560-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.07.25 15:16:38 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 560 OF 2025 Vinod Rayshi Satra ] Age: 47 years, Occu: Business ] Resident at 105, Akruti Park, ] Dhobi Ali, Opposite Civil Hospital, ] Tembi Naka, Thane West - 400 601. ] ...Applicant (Org. Accused) Vs.

1.

The State of Maharashtra ] (At the instance of Naupada ] Police Station, Dist. Thane ] 2.

Virji Kanji Dhadhi ] Age: 40 years, Occu: Business, ] Partner of M/s. Continental Maniratna ] Builders and Developers having office] At Shop No. 3, Ratnamani Apartment,] Dada Patil Wadi Near Platform No.1, ] Thane (W) 400602 ]

...Respondents

_______________________________ Mr. Govind Solanke for Applicant.

Mr. Ajay S. Patil for Respondent No.1-State.

Ms. Sonam More for Respondent No.2.

Mr. Ravindra Ranbhise, Police Sub-Inspector, Naupada Police Station, Thane present.

_______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 22nd July, 2025 1/4

KVM 50 - APL 560-25.doc JUDGMENT (Per : Rajesh S. Patil, J.):- 1) Applicant, accused in C.R. No. 215 of 2023 dated 20th July 2023, registered with Naupada Police Station, Thane, under Sections 420, 467 and 471 of Indian Penal Code, 1860 have filed present Application under Section 482 of Code of Criminal Procedure for quashing of the said C.R. and all further proceedings arising thereof, with the consent of Respondent No.2, the informant.

2) Learned Advocate for Applicant submitted that, the Applicant and Respondent No.2 have settled their disputes and differences amicably. He therefore submitted that, the said case may be quashed with the consent of Respondent No.2.

3) Learned Advocate for Respondent No.2 has tendered across the Bar, his Affidavit dated 8th May 2025, duly affirmed before a Notary Public. In Paragraph No. 7 thereof, the Respondent No.2 has given his No Objection for quashing of the said crime.

3.1) Respondent No.2 is personally present in the Court and through his Advocate reiterates the contents of his Affidavit dated 8th May, 2025 and his 'No Objection' for quashing of the crime in question. 4) In view thereof, we are inclined to quash the FIR arising out of C.R. No. 215 of 2023 dated 20th July 2023, registered with Naupada Police Station, Thane.

5) As we expressed our opinion for quashing of FIR arising out of 2/4

KVM 50 - APL 560-25.doc C.R. No. 215 of 2023 dated 20th July 2023, registered with Naupada Police Station, Thane, learned Advocate for Applicant on instructions submitted that, the Applicant will pay a cost of Rs.25,000/- to the Bar Council of Maharashtra and Goa's Advocate Academy & Research Center, within a period of two weeks from the date of uploading of present Judgment on the official website of High Court of Bombay. The said statement is accepted as an undertaking given to this Court.

6) We therefore direct the Applicant to pay a cost of Rs.25,000/- to the Bar Council of Maharashtra and Goa's Advocate Academy & Research Center, within a period of two weeks from the date of uploading of present Judgment on the official website of High Court of Bombay. 6.1) Details of the bank account of 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 Branch IFS Code : BKID0000001 Type of Account : Current Account 6.2) Applicant to deposit the said cost within stipulated period as noted above and submit receipt(s) of the same in the Registry of this Court. 7) In view of the above and subject to payment of cost by the Applicant, Application is allowed in terms of prayer clause (a). 3/4

KVM 50 - APL 560-25.doc 8) It is made clear that, if the 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 12th August 2025, under caption 'For Reporting Compliance' of present Judgment. (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 4/4