Bombay High Court
Sandeep Patode vs State Of Maharashtra And Anr on 3 September, 2024
Author: Neela Gokhale
Bench: A. S. Gadkari, Neela Gokhale
2024:BHC-AS:35304-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3638 OF 2023
1. 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
WITH
WRIT PETITION NO.3181 OF 2024
1. Mr. Sandeep Patode
Age: 38
Residing at- Room No.307
Janaki Kutira, Manavel Pada,
Vendanta Tovara Samore Virar (E)
Vs.
1. The State Of Maharashtra,
Through the Senior Police Inspector,
Virar Police Station,
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2. Vinayak Bhosale
A/303, Trimurti Apartment,
Type-A, Manvelpada Road,
Near Manvelpada Talav, Vasai,
Thane- 401 305 .....Respondents
WITH
CRIMINAL WRIT PETITION NO.3183 OF 2024
1. Sujata 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
Manohar Bhosale, A/303,
Trimurti Apartment Type,
A Manvelpada Road, Near
Maharashtra-401 305 .....Respondents
WITH
WRIT PETITION NO.3184 OF 2024
1. Manoj Janvilkar Age: 37
Residing At- Sant Muktabai
Room No.414 Sant Nagar near
by Croma Virar (E)
Vs.
1. The State Of Maharashtra,
Through the Senior Police Inspector,
Virar Police Station,
2. Vinayak Bhosale
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A/303, Trimurti Apartment,
Type-A, Manvelpada Road,
Near Manvelpada Talav, Vasai,
Thane- 401 305 .....Respondents
Mr. Sudeep Pasbola, Sr.Adv. with Adv. Ayush Pasbola, Mr. Ayaan
Bhattacharya i/b Mr. Waqar Pathan, for Petitioners.
Mr. Anand Shalgaonkar, APP for the State.
Mr. Asif Latif Shaikh, for the Respondent No.2.
CORAM : A. S. GADKARI AND
DR NEELA GOKHALE, JJ.
RESERVED ON : 22nd 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 No. 776
of 2023 dated 9th August 2022 registered with the Virar Police station, Mira-
Bhayander for offences under Sections 149, 143, 323, 324, 504, 506 and
427 of the Indian Penal Code ("IPC").
2) The Brief facts of the case are:
2.1) The Petitioner in Writ Petition No.3638 of 2023 is one, Mr.
Pramod Dalvi, the Petitioner in Writ Petition No.3181 of 2024 is an
associate of Mr. Pramod Dalvi, the Petitioner in Writ Petition No.3183 of
2024 is the wife of Mr. Dalvi and the Petitioner in Writ Petition No.3184 of
2024 is the driver of Mr. Dalvi.
2.2) The Respondent No. 2 had complained to the Deputy Registrar
of Cooperative Societies, Vasai regarding alleged illegal construction caused
by the Petitioner in Writ Petition No. 3638 of 2023 in a bungalow named
Mukund Niwas and two adjoining flats. The Deputy Registrar had replied to
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the said complaint. Thereafter, the Respondent No. 2 made copies of the
same and intended to distribute copies of the said reply to all the residents
of Shwet Plaza Co-Operative Housing Society. He had given the copies for
distribution to his assistant namely, Kishor Vijay Aachrekar.
2.3) The quarrel between the parties namely, the Respondent No.2
on one side and the Petitioners on the other began on this pretext that the
Respondent No.2 was distributing copies of the reply given by the Deputy
Registrar to the residents of Shwet Society. It is alleged by the Respondent
No.2 that, he and his assistant Mr. Kishor Vijay Aachrekar were beaten up
by the Petitioners herein with rods and bamboo sticks. They suffered some
simple injuries and were hurt.
2.4) The Respondent No.2 also alleged that during the
confrontation, one 7.800-gram gold ring was pulled out of Mr. Bhosale's
finger. Mr. Pramod then threatened that his wife and other women would
file a complaint against the Respondent No.2, warning that all the
developers were united and would not spare him. Thereafter, the
Respondent No. 2 filed an FIR bearing C.R No. 776 of 2023 against the
Petitioners.
3) Mr. Sudeep Pasbola, learned Senior Counsel appeared for the
Petitioners and Mr. Asif Latif Shaikh, learned Counsel appeared for the
Respondent no. 2. Mr. Anand Shalgaonkar, learned APP represented the
State.
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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. The 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 is not present in the Court
today, Mr. Shaikh, on instructions states that the Respondent No. 2 does not
have any objection to quash the subject FIR filed against the Petitioners. It
is also stated in the Affidavit that the FIR was filed by the Respondent No.2
under pressure from seniors in the political party of which the Respondent
No.2 is a member and hence, he had no option but to implicate Petitioners
in the FIR. Mr. Shaikh also reiterates the contents in the Affidavit. We
accept his statement.
6) In view thereof, we are inclined to quash F.I.R bearing C.R No.
776 of 2023 dated 9th August 2022 registered with the Virar Police station,
Mira-Bhayander for offences under Sections 149, 143, 323, 324, 504, 506
and 427 of the IPC.
7) As we expressed our opinion for quashing of F.I.R bearing C.R
No. 776 of 2023 dated 9th August 2022 registered with the Virar Police
station, Mira-Bhayander, learned Advocate for the Petitioners on
instructions submitted that, the Petitioners will pay a cost of Rs.15,000/-
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each totalling to Rs.60,000/- jointly or severally 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 Petitioners to pay the cost as noted
herein above 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.
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
9) Petitioners to deposit the said cost within stipulated period as
noted above and submit receipts of the same in the Registry of this Court.
10) In view of above and subject to payment of costs, Petitions are
allowed in terms of prayer clause (b).
11) It is made clear that, if the said costs are not paid within
stipulated period by either of the parties as mentioned above, the Petitions
shall stand revived automatically and in that event, the Investigating
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Agency will complete the investigation of present crime expeditiously.
12) List the Petitions on board on 13 th 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 12:55:31
