Bombay High Court
Pramod Mukund Dalvi vs State Of Maharashtra on 3 September, 2024
Author: Neela Gokhale
Bench: A. S. Gadkari, Neela Gokhale
2024:BHC-AS:35303-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3626 OF 2023
Pramod Mukund Dalvi
Age: 50 years,
Residing at Mukund Niwas Bunglow
Viva Jhagid Complex,
Panvel Pada Road,
Virar East, Palghar .....Petitioner
Vs.
1. The State Of Maharashtra
Through the Senior Police Inspector
Virar Police Station
2. Vinayak Bhosale
Age: 40 Occ:
Residing at Room No.A/303
Vimruti Co-op HS, Manvelpada Talao
Virar East, Taluka Vasai,
District Palghar .....Respondents
Mr. Sudeep Pasbola, Senior Advocate with Mr. Waqar Nasir Pathan, Mr.
Rohin R. Chauhan, Adv. Mrunal Bhide, Mr. Sankalp Vichare, Mr. Suraj
Sable, Mr. S. Patil & Mr. Vaibhav Karnik, for the Petitioner.
Mr. Anand S. Shalgaonkar APP, for Respondent No.1-State.
Mr. Asif Latif Shaikh, for Respondent No.2.
Mr. Anil Ashok Mhaske, Virar Police Station present.
CORAM : A. S. GADKARI AND
DR. NEELA GOKHALE, JJ.
RESERVED ON : 27th AUGUST, 2024.
PRONOUNCED ON : 3rd SEPTEMBER, 2024.
JUDGMENT :
- (Per Dr. Neela Gokhale, J.)
1) Petitioners seek quashing and setting aside F.I.R bearing C.R
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No. 833 of 2023 dated 25th August 2023 registered with Virar Police station,
Mira-Bhayander for offence punishalbe under Section 324 and 34 of the
Indian Penal Code ("IPC").
2) Brief facts of the case are that, Petitioner, Mr. Pramod Dalvi, is
accused of assaulting Respondent No. 2, Mr. Vinayak Bhoshle. On 24 th
August 2023, the Respondent No. 2 and one of his friend named Santosh
Shetty, while returning home on a motorcycle around 9:30 am. Were
abruptly blocked by a Maruti Swift car near Viva Tararangan, Thakibai Hall.
Two unidentified men aged between 25 to 30, emerged from the car armed
with wooden sticks and assaulted them without provocation thus leading to
the filing of the subject FIR.
3) Mr. Sudeep Pasbola, learned senior Advocate appeared for the
Petitioner and Mr. Asif Latif Shaikh, learned Advocate appeared for
Respondent No. 2. Mr. Anand Shalgaonkar, learned APP represented the
State.
4) Both the counsels contend that considering the decision of the
parties to resolve their dispute by amicable settlement and the consent
terms filed before this Court, the subject FIR be quashed. The Respondent
No.2 has filed a Consent Affidavit dated 9 th July 2024. Respondent No.2
has given his no objection to quash the subject FIR and has said that, he
does not wish to proceed further with the same.
5) Although the Respondent No. 2 was not present in the court
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today, Mr. Shaikh on instructions states that, Respondent No. 2 does not
have any objection to quash the subject FIR filed against the Petitioner. It is
also stated in the Affidavit that, the FIR was filed by Respondent No. 2
under pressure from seniors in the political Party of which Respondent No.
2 is a member and hence, he had no option but to implead the Petitioner in
the subject FIR. Mr. Shaikh on instructions from the Respondent No.2
reiterates the contents in the Affidavit. We accept his statement.
6) In view thereof, we are inclined to quash the FIR No. 883 of
2023 registered against the Petitioner in the Virar Police Station, Mira-
Bhayander for the offence punishable under Section 324 read with 34 of
the IPC.
7) As we expressed our opinion for quashing of the FIR No. 883 of
2023 registered against the Petitioner in the Virar Police Station, Mira-
Bhayander, learned Advocate for Petitioner on instructions submitted that,
Petitioner will pay a cost of Rs.25,000/- to the Armed Forces Battle
Casualties Welfare Fund within a period of two weeks from the date of
uploading of the present Order on the official website of High Court of
Bombay. The said statement is accepted as an undertaking to the Court.
8) In view thereof, we direct the Petitioner to pay a cost of
Rs.25,000/- to the Armed Forces Battle Casualties Welfare Fund within a
period of two weeks from the date of uploading of present Order on the
official website of High Court of Bombay.
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8.1) Details of the bank account for payment of cost are as under :-
Name of Fund :- Armed Forces Battle Casualties Welfare Fund.
Bank Name :- Canara Bank
Branch Name :- South Block, Defence Headquarters,
New Delhi-110011.
Account Number :- 90552010165915
IFSC Code :- CNRB0019055
Type of Acct :- Saving
8.2) Petitioner to deposit the said cost of Rs.25,000/- within
stipulated period as noted above and submit receipt of the same in the
Registry of this Court.
9) In view of above and subject to payment of cost, Petition is
allowed in terms of prayer clause (b).
10) It is made clear that, if the cost is not paid by the Petitioner
within stipulated period as mentioned above, the Petition shall stand
revived automatically and, in that event, the Investigating Officer will
complete the investigation of the present crime expeditiously.
11) List the Petition on board on 13th September 2024, under
caption 'for reporting compliance' of present Order.
(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.)
Signed by: Raju D. Gaikwad
Designation: PS To Honourable Judge
Date: 03/09/2024 12:50:00
