Allowed

Ramnagesh Srinivas Akubathini v. the State of Maharashtra and Anr.

Bombay HC10 Apr 2023APL/116/2022

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings initiated under IPC and IT Act sections due to the informant's consent and lack of prosecution intent. The court ordered the applicant to pay Rs.50,000 to the Central Police Welfare Fund within two weeks as a condition for the quashing order. Failure to pay results in automatic revival of proceedings.

What did the court decide?

Application allowed; FIR and subsequent criminal proceedings quashed subject to payment of Rs.50,000 to Central Police Welfare Fund within two weeks.

Ramnagesh Srinivas Akubathini Vs the State of Maharashtra… — Quashing and FIR | Bombay HC (2023)

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DAE 56-APL-116-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 116 OF 2022

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Ramnagesh Srinivas Akubathini ...Applicant

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Versus

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The State of Maharashtra and Anr....Respondents

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Mr.Abhijeet A. Desai a/w Mr.Karan Gajra, Ms. Sanchita Sontakke,
Mr.Vijay Singh i/by Desai LegalAdvocates for Applicant.
Mr. Manoj S. Mhambrey a/w. Mr. Sunil D’souza and Mr. Aniket Pinto
and Jenish Kansara i/by P. Vas and Company for Respondent No.2.
Mrs. G. P. Mulekar, APP for Respondent No.1-State.

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CORAM : A. S. GADKARI AND

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Digitally signed by DNYANESHWARASHOK ETHAPE DNYANESHWARASHOK ETHAPEDate: 2023.04.15 17:25:14 +0530

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PRAKASH D.NAIK, JJ.

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 DATE : 10th APRIL 2023.

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P.C.:-

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1.By the present Application, the Applicant-Original Accused in F.I.R.
No. 49 of 2021 registered with Cyber Police Station, West Region, Mumbai,
dated 8th November 2021, under Sections 354-A, 500, 506 and 201 of
Indian Penal Code (I.P.C.) and Sections 67 and 67(B) of The Information
Technology Act, 2008, has prayed for quashing of the said crime and further
proceedings arising therefrom i.e. C.C. No.2512/PW/2021 pending on the
file of learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai, by
consent of Respondent No.2, the informant.

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DAE 56-APL-116-2022.doc

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2.Learned Advocate appearing for Respondent No.2 tendered across the
bar an Affidavit of Respondent No.2 dated 8th April 2023, duly affirmed
before a Notary Public. In paragraph No.(6) thereof, it is stated that, the
said FIR was lodged on the instructions of the parents of the said minor,
against whom the Applicant allegedly made the comments. That, now the
parents of minor do not wish to prosecute the said case further and
therefore have instructed her to give her consent/N.O.C. for quashing of the
said FIR and the said case. The said Affidavit is taken on record.

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Respondent No.2 is personally present in the Court and through her
Advocate reiterated the contents of the Affidavit dated 8th April 2023 and
gave her ‘No Objection’ for quashing of the said case.

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3.In view of the above, we are inclined to quash the said case i.e. C.C.
No.2512/PW/2021, pending on the file of learned Metropolitan Magistrate,
12th Court, Bandra, Mumbai, arising out of F.I.R. No.49 of 2021 registered
with Cyber Police Station, West Region, Mumbai dated 8th November 2021.

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As we expressed our opinion for quashing of said C.C.
No.2512/PW/2021 pending on the file of learned Metropolitan Magistrate,
12th Court, Bandra, Mumbai, learned Advocate for Applicant on instructions
submitted that, the Applicant will pay a cost of Rs.50,000/- to Central
Police Welfare Fund within a period of two weeks from today. The said
statement is accepted as an undertaking given to this Court.

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DAE 56-APL-116-2022.doc

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We direct the Applicant to pay cost of Rs.50,000/- to Central Police
Welfare Fund within a period of two weeks from the date of uploading of
the present Order on the official website of High Court.

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The details of bank account for payment of cost are as follows:-

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`Bank Name`	`:`	`Axis Bank Limited`
`Branch Name`	`:`	`Worli, Mumbai (M.H.), Mumbai-400 025`
`Account Name`	`:`	`Central Police Welfare Fund`
`Account Number`	`:`	`914010029005759`
`IFSC Code`	`:`	`UTIB0000060`

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4. In view of above, Application is allowed in terms of prayer clause (a).

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5.It is made clear that, if the cost is not paid within stipulated period as
mentioned above, the Application shall stand revived automatically and in
that event, the trial Court will proceed with the said C.C.
No.2512/PW/2021 expeditiously.

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6. List the Application on board on 4^th May 2023, under caption ‘For Reporting Compliance’ of present Order.

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7. All the concerned to act on the basis of an authenticated copy of this Order.

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(PRAKASH D. NAIK, J.)

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Ramnagesh Srinivas Akubathini v. the State of Maharashtra and Anr.

Case brief

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Ramnagesh Srinivas Akubathini v. the State of Maharashtra and Anr.

Case brief

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