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2025 DAILYLAW 77196 (BOM)

SHRIPAD GURUNATH GHURYE AND ANR v. STATE OF MAHARASHTRA AND ANR

WP/2945/2022 · 2025-11-28

Shri A S Gadkari, Shri Ranjitsinha Raja Bhonsale

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

KSG 16-WP-2945-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2945 OF 2022 Shripad Gurunath Ghurye & Ors … Petitioners V/s. State of Maharashtra & Anr … Respondents _______________________________________ Mr. Niranjan Mundargi a/w Mr. Kavishah Shah i/b Mr. Adithya R. Iyer for the Petitioners. Mr. Amit A. Palkar, A.P.P. for Respondent No.1-State. Mr. Noorain Patel i/b Diamondwala & Co., for the Respondent No.3. _______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 28th NOVEMBER, 2025 P.C. : 1) Petitioners, Managing Committee Members of Vayu Co-operative Housing Society Private Limited situated at Mahim (West), Mumbai 400 016 have been made accused in CC No. 901706/PS/2021 pending on the file of Judicial Magistrate, 9th Court at Bandra arising out of CR No.425 of 2019, dated 12th December, 2019, registered with Mahim Police Station, Mumbai under Sections 341, 506 read with 34 of the Indian Penal Code, have invoked jurisdiction of this Court under Article 226 of Constitution of India for quashing of the said case. Initially the Petition was filed for quashing of the said case on merits. However during the pendency of the Petition the 1/2 KIRAN SANJAY GHUGE Digitally signed by KIRAN SANJAY GHUGE Date: 2025.12.16 19:14:13 +0530 KSG 16-WP-2945-2022.doc parties herein have settled their disputes and differences and the Respondent No.3 is now giving her consent for quashing of the said crime. 2) Advocate Mr. Noorain Patel appearing for Respondent No.3 tendered across the bar her Affidavit dated 24th November, 2025 duly affirmed before a Notary Public. In the said Affidavit the Respondent No.3 has mentioned about the civil litigations between the parties and the settlement arrived at between them in the said civil proceedings. In paragraph No.9, the Respondent No.3 has given her no-objection for quashing of the present crime. 2.1) The Respondent No.3 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 24th November, 2025 and gives her no-objection for quashing of the crime in- question. 3) In view thereof, Petition is allowed in terms of prayer clause (a). ( RANJITSINHA RAJA BHONSALE, J. ) ( A.S. GADKARI, J. ) 2/2