Sandipkumar Sukhanpal Singh v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2453 OF 2024 Sandipkumar Sukhanpal Singh ..
Petitioner
Versus
The State of Maharashtra and anr ..
Respondents ...
Ms. Anjali Patil a/w Mr. Tohid Shaikh & Mr. Onkar Gurav for the Petitioner.
Ms. Sangeeta Shinde, APP for the State.
Mr. Dipak Thorat, P.S.I. Oshiwara Police Station. CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ.
DATED : 15th DECEMBER, 2025 P.C:- 1.
On completion of investigation of the C.R. registered with Oshiwara Police Station at the instance of respondent no.2, which had invoked the offences punishable under Sections 376, 376 (2)(n), 365(k), 500 and 506 of the IPC, the petitioner has approached this Court seeking quashing of the same, as according to him the relationship maintained was purely consensual in nature. 2.
We have heard the learned counsel for the petitioner and perused the charge-sheet, wherein an allegation is levelled against the accused that he had established a physical relationship with the complainant without her consent and against her will. It is further alleged that he borrowed a sum of Rs.22,00,000/-, and when she demanded the money back, he uploaded the objectionable videos and
2/4 22 WP-2453-2024 .doc forwarded them through mobile WhatsApp chat to the persons acquainted with the complainant.
When we specifically inquired with the Public Prosecutor as to which of the videos were forwarded, she submit that the mobile phone of the petitioner is send for forensic analysis. 3.
During the pendency of the proceedings, there is a settlement effected between the petitioner and the complainant and the complainant has affirmed an affidavit on 15/12/2025, mentioning about the amicable solution arrived between them, as a result of which, she is according her no objection to quash the subject FIR and the proceedings arising therefrom against the petitioner. The affidavit tendered before us is taken on record. In the said affidavit, the following statement is specifically made by the deponent:- "4. I say that the matter between the Petitioner and myself has now been admittedly resolved, and I do not wish to pursue the FIR filed by me.
5. I say that I have no objection to the quashing of the FIR and all proceedings arising therefrom pending against the Petitioner.
6. I say that I have no grievance or complaint against the Petitioner as on date.
7. I say that this affidavit is made voluntarily and that no coercion, pressure, threat or undue influence has been used upon me for filing this affidavit."
4.
The complainant is present before us and her identity is established through the Aadhar Card furnished to the Court Sheristadar and is also identified by the counsel representing her. We specifically inquired with her, to confirm her statement made in the affidavit and in no unequivocal terms she made it clear to
3/4 22 WP-2453-2024 .doc us that she do not want to continue the proceedings and she wish that the proceedings should come to an end.
5.
In addition to the aforesaid, the affidavit also mentions that the petitioner - applicant had filed an FIR against her in Ranipur Police Station, Haridwar, in form of FIR No. 384 of 2022, which is pending before the 3rd Additional Chief Judicial Magistrate, Haridwar, in form of Criminal Case No. 3990 of 2024, and she has also sought quashing of the said proceedings.
6.
On perusal of the complaint filed by the complainant and the resulting charge-sheet, we find that serious accusations were levelled by her against the petitioner, but it is to be noted that at the time when she lodged the complain,t she was aged 34 years and definitely a major with two children. The span of accusations is spread over from 2015, till the FIR is lodged and the allegations levelled through the complaint are purely personal in nature about how she was exploited by the accused.
Today, by filing an affidavit she reiterate that she do not want to continue with the discord.
7.
In the wake of the aforesaid settlement being effected between the parties arising out of a purely personal relationship, we have no hesitancy to quash the proceedings against the present petitioner, which however is subject to the petitioner according his no objection for quashing of Criminal Case No.3990 of 2024, pending before the 3rd Additional Chief Judicial Magistrate, Haridwar. The petitioner shall file an affidavit in the said case, giving his no objection for quashing of the case, which he has registered against
4/4 22 WP-2453-2024 .doc the complainant.
In the wake of the aforesaid, in light of the affidavit presented before us, the following order is passed.
ORDER
a) Writ Petition is allowed.
b) Session Case No. 714 of 2022, pending before the Additional District and Sessions Court, Dindoshi, arising out of C.R. No.1149 of 2022 registered at Oshiwara Police Station are quashed and set aside. (SHYAM C. CHANDAK,J) (BHARATI DANGRE, J.)