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2024 DAILYLAW 2672 (BOM)

PANKAJ SUNIL BANSODE AND ANR v. STATE OF MAHARASHTRA AND ANR

APL/717/2024 · 2026-09-18

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

62.APL.717.2024.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 717 OF 2024 Pankaj Sunil Bansode and Anr. .. Applicants Versus State of Maharashtra and Anr. .. Respondents ....................  Mr. Dilip Shukla, Advocate for Applicants.  Mr. Sukanta A. Karmakar, APP for Respondent – State.  Mr. Shaikh Faizan, Advocate for Respondent No.2.  ASI – Mr. Bhosale, Jogeshwari Police Station present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026. P.C.: 1. Heard Mr. Shukla, learned Advocate for Applicants; Mr. Karmakar, learned APP for Respondent – State and Mr. Shaikh, learned Advocate for Respondent No.2. 2. The parties have reconciled their disputes and differences amongst themselves by entering into a Settlement Agreement, copy of which is appended at page No.111 of the Application and a substantial amount as stated in the said Settlement Agreement has been exchanged between the parties. The details thereof are mentioned in the said Settlement Agreement. 3. Consent Affidavit of the Complainant is appended at page No.123 of the Application. I have perused the same. It is seen from the 1 of 3 62.APL.717.2024.doc consent Affidavit that in paragraph No.3, the Applicants have decided to take responsibility for the education of the minor son of the deceased until he attains majority. 4. The learned Advocate for the Applicants informs the Court that he has spoken to the First Informant/Complainant and that he has agreed that the Applicants will take care of the entire educational expenses of the minor son of the deceased until he completes his graduation studies. At least, this is the minimum that the Applicants should do for the minor son of the deceased victim, who is being taken care of by the First Informant. 5. I have spoken to the First Informant and interacted with him over a video call with the help and assistance of the learned Advocates for the parties. Applicants are directed to file a fresh undertaking before this Court within a period of 2 weeks from today, inter alia, stating that in terms of the statement made in paragraph No.3 of the consent Affidavit filed by Respondent No.2/First Informant, Applicants shall undertake to provide for the entire educational expenses of the minor son, Master Ayan Aasif Shaikh until he completes his graduation studies. Such undertaking shall be treated as an undertaking given to this Court. The First Informant is directed to approach this Court immediately in the event of any dereliction in complying with the said undertaking to seek appropriate relief. 2 of 3 62.APL.717.2024.doc 6. In view of the above, the Application stands allowed in terms of prayer clause ‘a’ which reads thus:- “a. That this Hon’ble Court may be pass appropriate Orders and directions and thereby quash and set aside the trail court C.C. no 3079/PS/2023 arising out of FIR no. 44 of 2023 registered for the offence punishable under section 304-A, 336, 34, 427 OF INDIAN PENAL CODE with Jogeshwari Police Station, pending before 10 Andheri court Metropolitan Magistrate Court.” 7. However, there shall be no order as to costs. 8. List the matter on 5th October 2026 for compliance of this order to ascertain the filing of the undertaking by the Applicants as directed hereinabove. 9. Criminal Application is allowed and disposed. [ MILIND N. JADHAV, J. ] Ajay 3 of 3 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.19 12:42:37 +0530