Bombay High Court
Kishor Vijay Aachrekar vs The State Of Maharashtra And Anr on 3 September, 2024
Author: Neela Gokhale
Bench: A. S. Gadkari, Neela Gokhale
2024:BHC-AS:35306-DB
sns 3-wp-3633-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3633 OF 2024
1. Kishor Vijay Aachrekar
Age: 39,
Residing at-Krishna Apartment,
Room No.411, Rishikesh Apartment,
Manval Pada Gaon, Shamshanbhumi,
Virar (E), 401 305 .....Petitioner
Vs.
1. The State Of Maharashtra,
Through the Senior Police Inspector,
Virar Police Station
2. XYZ ...Respondents
WITH
CRIMINAL WRIT PETITION NO.3180 OF 2024
Vinayak Bhosale
Age: 40
Residing at- Manohar Bhosale,
A/303, Trimurti Apartment,
Type-A, Manvelpada Road,
Near Manvepada Talav,
Vasai, Thane 401 305 ....Petitioner
Vs.
1. The State Of Maharashtra,
Through the Senior Police Inspector,
Virar Police Station
2. XYZ
Age-42 Years .....Respondents
Mr. Asif Latif Shaikh, for the Petitioners.
Mr. Ashish I. Satpute, APP for the State.
1/5
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Mr. Sudeep Pasbola, Sr.Adv. with Adv. Ayush Pasbola, Mr. Ayaan
Bhattacharya i/b Mr. Waqar Pathan, for 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) The Petitioners seek quashing and setting aside F.I.R bearing
C.R No. 775 of 2023 dated 9th August 2022 registered with the Virar Police
station, Mira-Bhayander for offence under Section 354 of the Indian Penal
Code ("IPC").
2) The Brief facts of the case are;
2.1) The Petitioner in Writ Petition No. 3180 of 2024 is Vinayak
Bhosale and the Petitioner in Writ Petition No. 3633 of 2024 is Kishor
Aachrekar, the assistant of Mr. Bhosale.
2.2) It is alleged that on 8th August 2023, at around 9:15 pm, the
Respondent No. 2 was walking in the compound of her residence. After
some time, she saw Mr. Kishor Aac hrekar and Mr. Vinayak Bhosale loitering
near her house and looking into her house. When he was confronted by the
Respondent No.2, Mr. Vinayak Bhosale in a fit of rage, punched the
Respondent no. 2 on her chest and also hit her left arm. Furthermore, he
also, on being provoked by the Kishore Aachrekar, outraged her modesty.
Thus, the Respondent No. 2 filed the subject FIR against the Petitioners.
3) Mr. Asif Latif Shaikh, learned Counsel appeared for the
sns 3-wp-3633-2024.doc
Petitioners and Mr. Sudeep Pasbola learned Senior Counsel appeared for the
Respondent No. 2. Mr. Ashish Satpute, 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 her Consent Affidavit dated 9 th July 2024. The Respondent
No.2 has given her no objection to quash the subject FIR and has said that
she does not wish to proceed further with the same.
5) Although the Respondent No. 2 is not present in the Court
today, Mr. Sudeep Pasbola, 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 due to the intervention of
friends and acquaintances, both the parties have resolved their dispute. Mr.
Pasbola 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.
775 of 2023 dated 9th August 2022 registered with the Virar Police station,
Mira-Bhayander for offence under Section 354 of the Indian Penal Code
("IPC").
7) As we expressed our opinion for quashing of F.I.R bearing C.R
No. 775 of 2023 dated 9th August 2022 registered with the Virar Police
station, Mira-Bhayander, learned Advocate for the Petitioners on
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instructions submitted that, the Petitioners will pay a cost of Rs.25,000/-
each totalling to Rs.50,000/- 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
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shall stand revived automatically and in that event, the Investigating
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 13:01:40
