P. L. Safaiya And Ors vs The State Of Maharashtra And Anr
2024 Latest Caselaw 2967 Bom

Bombay High Court

P. L. Safaiya And Ors vs The State Of Maharashtra And Anr on 31 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

2024:BHC-AS:4971


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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL WRIT PETITION NO.4920 OF 2014

                    P.L.Safaiya and others                                          Petitioners
                           versus
                    The State of Maharashtra and another                            Respondents

                    Mr.Kripashankar Pandey i/by M.Kulkarni for Petitioners.
                    Mr.Sandeep Mahadik for Respondent.
                    Mr.Arfan Sait, APP, for State.

                                                  CORAM :     PRAKASH D. NAIK, J.

                                                  DATE   : 31st January 2024
                    PC :



                    1.       Petitioners are challenging the order issuing process passed by
                    learned Judicial Magistrate First Class, Panvel, Raigad, dated 8 th May
                    2007 for offences under Sections 304A, 418 r/w 34 of Indian Penal
                    Code in the private complaint filed by Respondent no.2. The order
                    dated 8th May 2007 refers to C.R No.48 of 2005 registered against
                    one Harishchandra Mhatre in respect of said offence.

                    2.       Learned advocate for Petitioners submitted that C.R No.48 of
                    2005 had culminated in filing of charge sheet and accused therein
                    was prosecuted in Summary Criminal Case No.2190 of 2005. Vide
                    judgment and order dated 17th August 2012 passed by Judicial
                    Magistrate First Class, Panvel, the accused therein was acquitted.

                    3.       It is jointly submitted that parties have resolved the dispute.
                    The proceedings may be quashed.

                    4.       Learned advocate for complainant-Respondent has tendered




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 affidavit dated 18th January 2024 wherein it is stated that
 complainant withdraws all the allegations against Petitioners and has
 no objection to quash the criminal proceedings.          The affidavit is
 taken on record and marked "X" for identification. Considering the
 factual aspects as stated above, the proceedings can be quashed.

                                ORDER

(i) Criminal Writ Petition No.4920 of 2014 is allowed and disposed off;

(ii) The order issuing process dated 8th May 2007 passed by Judicial Magistrate First Class, Panvel-Raigad below Exhibit-1 in Miscellaneous Application No.100 of 2007 and criminal proceedings arising in the said proceedings are quashed and set aside.

(PRAKASH D. NAIK, J.) MST