Allowed

Dipul Roopa Chauhan v. State of Maharashtra and Anr.

Bombay HC25 Apr 2023WP/1515/2023

Case brief

AI extract

What is this about?

The Court allowed the petition to quash the FIR registered against the petitioner for cyber harassment and wrongful intimidation, following a compromise with the victim and an undertaking to pay costs to the Central Police Welfare Fund.

What did the court decide?

CR No. 0542 of 2022 is quashed subject to payment of Rs. 25,000 to the Central Police Welfare Fund within two weeks.

Dipul Roopa Chauhan Vs State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1515 OF 2023

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Dipul Roopa Chauhan… Petitioner
V/s.

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The State of Maharashtra & Anr.… Respondents

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Ms. Neha Pandey for Petitioner.
Mr. S.S. Hulke, A.P.P. for Respondent No.1-State.
P.I. Mr.Vijaykumar A. Chavan, Mira Road Police Station is present.

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CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

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DATE : 25th April 2023.

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P.C. :

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1.Petitioner, original accused in CR No. 0542 of 2022, dated 31st
December 2022, registered with Mira Road Police Station, Mira-Bhaindar,
Vasai-Virar Police Commissionerate, District Thane, under Sections 354-C,
354-D, 500, 506 of Indian Penal Code and Section 66(E) of Information
Technology Act, 2000, has filed present Petition for quashing of said crime by
consent of Respondent No.2, the victim.

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2.Respondent No.2 has affirmed affidavit dated 16th February 2023
duly notarized before a Notary Public by name Mr.Jagdish T. Dongardive,
Kandivali (E.). In her affidavit Respondent No.2 has stated that, the contents
of the Petition are substantially correct. That she has settled the dispute with

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the Petitioner. That she is having consent for quashing of FIR No. 0542 of
2022 registered with Respondent No.1-Mira Road Police Station.

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3.Respondent No.2 is personally present in the Court. Police
Inspector Mr.Vijaykumar Chavan, the Investigating Officer of present crime
has identified her to be the victim, the first informant.

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The Respondent No.2 through the learned A.P.P. conceded the
fact of her affirming the Affidavit dated 16th February 2023 before a Notary
Public and contents thereof. She also gave her ‘no objection’ in quashing
present crime.

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4.In view of the above, we are inclined to quash CR No. 0542 of
2022, dated 31st December 2022, registered with Mira Road Police Station,
Mira-Bhaindar, Vasai-Virar Police Commissionerate, District Thane.

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As we expressed our opinion for quashing of said CR No. 0542
of 2022, dated 31st December 2022, learned Advocate for Petitioner on
instructions submitted that, the Petitioner will pay a cost of Rs.25,000/- to
Central Police Welfare Fund within a period of two weeks. The said
statement is accepted as an undertaking given to this Court.

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5.We direct the Petitioner to pay a cost of Rs.25,000/- (Rs.Twenty
Five Thousand Only) 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 Bombay High Court.

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The details of the bank Account for payment of cost are as

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under:-

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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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Petitioner to deposit the said cost of Rs.25,000/- (Rs.Twenty Five

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Thousand Only) within stipulated period as noted above and submit the
receipt of the same in the Registry of this Court.

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6.In view of above and subject to payment of cost, Petition is
allowed in terms of prayer clause (a).

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7.It is made clear that, if the cost is not paid within stipulated
period as mentioned above, the Petition shall stand revived automatically
and in that event, the Investigating Officer shall complete the investigation of
the present crime expeditiously.

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8.List the Petition on board on 8th June 2023, under caption ‘for
reporting compliance’ of present Order.

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[ PRAKASH D. NAIK, J. ]

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[ A.S. GADKARI, J. ]

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Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2023.05.08 16:16:25 +0530

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Dipul Roopa Chauhan v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Dipul Roopa Chauhan v. State of Maharashtra and Anr.

Case brief

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