Rahul Madhav Kundar vs State Of Maharashtra And Anr
2022 Latest Caselaw 8842 Bom

                                                                                        32-wp-3211.2022.doc


       Dusane

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                        WRIT PETITION NO. 3211 OF 2022


                      Rahul Madhav Kundar                               ...Petitioner
                           Versus

                      1. The State of Maharashtra
BHALCHANDRA
                      2. Smt. Ashwini Gunjan                            ...Respondents
GOPAL DUSANE

Digitally signed by
                      Mr. Ravish Mishra a/w Ms. Sangeeta Mishra for the Petitioner.
BHALCHANDRA
GOPAL DUSANE          Mr. J.P. Yagnik, APP for the Respondent-State
Date: 2022.09.10
10:54:42 +0530        Mr. Chaitanya Patel for Respondent No. 2.

                                                   CORAM : REVATI MOHITE DERE &
                                                           MADHAV J. JAMDAR, JJ.

DATED : 6th SEPTEMBER 2022 P.C. :

1 Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith with the consent of the

parties and is taken up for final disposal.

3. By this petition, the Petitioner seeks quashing of F.I.R. No. 135 of

2021 registered with Charkop Police Station, Mumbai. He submits that the

Respondent no. 2 has given her no objection for quashing of the said case

i.e. F.I.R. and all consequential proceedings arising thereto.

32-wp-3211.2022.doc

4. Learned counsel for Respondent no. 2- Smt. Ashwini Gunjan states

that the Respondent no. 2 has filed her affidavit and that the Respondent

No. 2 has no objection if the said Writ Petition is allowed and aforesaid

C.R. and all consequential proceedings thereto, are quashed and set aside.

5. Perused the papers. It appears that the Petitioner was prosecuted in

connection with CR No. 135 of 2021 registered with Charkop Police

Station, at the instance of the Respondent No. 2, for the alleged offences

punishable under Sections 509, 188, 504, 506, 269, 271 of the Indian Penal

Code alongwith Section 185 of Mumbai Liquor Prohibition Act, Section

51B of Disaster Management Act, 2005, Rule No.11 of Maharashtra Covid-

19 Rules.

6. It appears that the incident took place on 20th April 2021, when the

Petitioner was found travelling in a car without wearing a mask, by the

Respondent no.2. It appears that pursuant thereto, there was a verbal

altercation between the two, in which the Respondent no. 2 allegedly

abused the Respondent no. 2. After investigation, charge-sheet was filed in

the said case.

32-wp-3211.2022.doc

7. It appears that pursuant to the filing of charge-sheet, the parties have

resolved their dispute amicably. The Respondent no. 2 has filed her

affidavit stating therein, that she has no objection if the Petition is allowed

and the FIR and all consequential proceeding thereto are quashed and set

aside. The Respondent no. 2 is present in the Court and she reiterates what

is stated by her in the said affidavit dated 14th July 2022.

8. Having regard to the amicable settlement between the parties and

having regard to the judgments of the Apex Court in this regard in the

matters of Gian Singh vs. State of Punjab & Anr. and Narinder Singh &

Ors. vs. State of Punjab & Anr ., there is no impediment in allowing the

petition. Accordingly, the aforesaid C.R. i.e. 135 of 2021 registered with

Charkop Police Station as against the Petitioner as well as all consequential

proceeding arising from the said C.R. are quashed and set aside.

9. Accordingly, Rule is made absolute on the aforesaid terms and the

Petition is disposed of.

10. All parties to act on authenticated copy of this order.

MADHAV J. JAMDAR, J.                      REVATI MOHITE DERE, J.