Ravindra Prabhakar Berde v. The State Of Maharashtra And ANR
Osk 26-Apl-719-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (A.P.L.) NO. 719 OF 2025 Ravindra Prabhakar Berde ] Age 63 years, Occ. Service, ] An Indian Inhabitant of Mumbai, ] Residing At Building No.2, Room No. 606, ] L.R. Papan Marg, Gandhinagar, Worli, ] Mumbai - 400 018.
] ... Applicant V/s.
1.
The State of Maharashtra ] Through Public Prosecutor of this ] Honourable High Court Bombay ] at the instance of Worli Police Station, ] Mumbai in their F.I.R. No. 256 of 2022.
] 2.
Smt. Manisha Mukund Berde ] Aged about 55 years, Occ. Nil, ] An Indian Inhabitant of Mumbai, ] Residing At Flat No. 002, Max Avenue ] Building, Near Shiv Mandir, Ostwal Nagar, ] Nalasopara (East), District Palghar.
] ... Respondents _______________________________________ Mr. Rammani G. Upadhyay a/w. Mr. Swatesh Tripathi for Applicant. Mr. Vinod Chate, A.P.P. for Respondent No.1-State. Mr. Manoj O. Singh a/w. Mr. Vinod C. Singh for Respondent No.2. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.
DATE : 9th July 2025.
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Osk 26-Apl-719-2025.doc JUDGMENT ( Per : A. S. Gadkari, J. ) :- 1) Applicant, accused in CC No. 443/PW/2023 pending on the file of 62nd Metropolitan Magistrate, Bhoiwada, Dadar, Mumbai, arising out of CR No. 256 of 2022, dated 11th April 2022, registered with Worli Police Station, Mumbai, for the offence punishable under Sections 177, 181, 182, 199, 200, 419, 465, 467, 468, 471 read with 34 of the Indian Penal Code, has filed present Application under Section 482 of Criminal Procedure Code for quashing of the said crime, with the consent of Respondent No.2, the informant.
2) Mr. Upadhyay, learned Advocate for Applicant submitted that, the Applicant is the brother-in-law of Respondent No.2. That, due to the intervention of close relatives the Applicant and Respondent No.2 have amicably settled their disputes and difference. That, the Respondent No.2 therefore is now giving her consent for quashing of the crime in question. 3) Mr. Singh, learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 9th July 2025, duly affirmed before a Notary Public. It is stated therein that, the disputes among themselves have been amicably settled and they have executed Consent Terms and Release Deed in respect of their ancestral properties. In para No.10 thereof, the Respondent No.2 has given her no objection, if prayers of the Application are allowed and FIR in question as well as the pending case against the Applicant is quashed.
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Osk 26-Apl-719-2025.doc 3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 9th July 2025 and her 'no objection' for quashing of the said case. 4) In view of the above, we are inclined to quash CC No. 443/PW/2023 pending on the file of 62nd Metropolitan Magistrate, Bhoiwada, Dadar, Mumbai, arising out of CR No. 256 of 2022, dated 11th April 2022, registered with Worli Police Station, Mumbai, for the offence punishable under Sections 177, 181, 182, 199, 200, 419, 465, 467, 468, 471 read with 34 of the Indian Penal Code.
5) As we expressed our opinion for quashing of CC No. 443/PW/2023 pending on the file of 62nd Metropolitan Magistrate, Bhoiwada, Dadar, Mumbai, Mr. Upadhyay, learned counsel for Applicant on instructions submitted that, the Applicant will pay a cost of Rs.50,000/- 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. 6) We therefore direct the Applicant to pay a cost of Rs.50,000/- 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. 3/4
Osk 26-Apl-719-2025.doc 6.1) 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 A/c IFSC Code :
BKID0000001 6.2) Applicant to pay the said cost of Rs.50,000/- within stipulated period as noted above and submit its receipt in the Registry of this Court. 7) In view of the above and subject to payment of cost, Application is allowed in terms of prayer clause (a).
8) 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.
9) List the Petition on board on 4th August 2025, under the caption 'For Reporting Compliance' of present Order.
( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:
2025.07.16 15:17:20 +0530 OMKAR SHIVAHAR KUMBHAKARN 4/4