Mohan Maruti Jadhav v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 135 OF 2026 Mohan Maruti Jadhav ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents __________________________________________________________ Mr. Shahzad Naqvi a/w Ms. Amrin Syed i/b Naqvi Juris, for the Petitioner.

Mr. Mohan Maruti Jadhav, Petitioner present in Court. Ms. Sana Subedar, for the Respondent No. 2.

Ms. P. N. Dabholkar, APP for Respondent - State. Respondent (victim) with Respondent No. 2 (Father) and Mother present in Court.

API Dadaraje Pawar, Chatasrangi Police Station, is present. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 13th FEBRUARY, 2026.

P.C. :

1.

Heard Mr. Shahzad Naqvi, learned Advocate for the Petitioner, Ms. P. N. Dabholkar, learned APP for the Respondent - State and Ms. Sana Subedar, learned Advocate for Respondent No.2.

2.

This Petition under Article 226 of the Constitution of India and under Section 528 of the Bhartiya Nyaya Sanhita, 2023, is preferred by the Petitioner for quashing the FIR bearing No. 0184

registered with Chaturshrungi Police Station, Pune City, for the offences punishable under Sections 8 and 12 of the POCSO Act and sections 74, 75 and 78 of the B.N.S, 2023, and chargesheet registered as case No. 742 of 2025.

3.

Petitioner is present in the Court and is identified by his Advocate Mr. Shahzad Naqvi. He tenders the photostat copy of the Petitioner's Identity Card, which is taken on record and marked with an "X" for identification.

4.

Respondent No.2 is present in the Court along with her father, Mr Prakash Shreepati Kamble, and is identified by their Advocate, Ms Sana Subedar. She tenders a Photostat copy of the Identity Card of Respondent No.2, as also of Mr Prakash Shreepati Kamble, which are taken on record and collectively marked as "X1" for identification. Ms Sana Subedar states that the mother of Respondent no. 2 is also present in Court.

5.

Mr Shahzad Naqvi and Ms Sana Subedar submit that it was on account of a misunderstanding between the Petitioner (Uncle) and Respondent No. 2 (Niece) that resulted in the filing of the

Complaint. They submit that the Judicial Magistrate First Class, Pune has recorded the statement of Respondent No. 2 under the provisions of Section 183 of B.N.S.S. They submit that the Respondent No. 2 has made the following statement: "मला माझ्या मामा मोहन मारुती जाधव यांचे विवरुद्ध काही तक्रार नाही."

6.

Mr. Shahzad Naqvi, on instructions from the Petitioner, who is present in Court, states that the Petitioner treats the Respondent No. 2 as his daughter. He submits that the Criminal proceedings may not be continued.

7.

Ms Sana Subedar states that the father and the mother of the Respondent No. 2 are present in Court, and they confirm that the incident, as was alleged in the complaint, was out of a misunderstanding. They also confirm that the Petitioner treats the Respondent No. 2 as his daughter.

8.

Ms. Sana Subedar, states that the Affidavit dated 22nd December, 2025 affirmed by Respondent No.2 before the Registry

of this Court is placed on record, same is marked as "X-2" for identification. Respondent No. 2, in the presence of her father and mother, states that the said Affidavit (X-2) is filed out of her own free will and without any pressure or coercion from any person. She states that the contents of the Affidavit (X-2) are as per her say. She reiterates her no-objection to the quashing of the criminal proceedings.

9.

Ms. Dabholkar, learned APP submits that from the statements made by Mr. Shahzad Naqvi, on instructions from the Petitioner and Ms. Sana Subedar, on instructions from the father and mother of the Respondent No. 2, read with the statements in the Affidavit (X-2), no purpose would be served in continuing with the criminal proceedings and the same may be quashed. However, considering the manner in which the proceedings were filed, she insists on costs payable by the Petitioner.

10.

Mr Shahzad Naqvi, on instructions from the Petitioner who is present in Court, states that he would pay appropriate cost. 11.

Considering the aforesaid circumstances, the nature of

dispute, the matter being settled between the Petitioner and the Respondent No.2 and her parents, the Respondent No.2 having given her no objection in the Affidavit (X-2), more particularly the statements made by her in paragraph Nos. 4, 5,6,7, 8, 9, 10 and 11 in the Affidavit(X-2) and having regards to the pronouncements of the Hon'ble Supreme Court in the case of Gian Singh vs State Of Punjab1, Narinder Singh And Ors vs State Of Punjab And Anr2 and Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat3, there is no impediment in allowing this Petition.

12.

Mr Shahzad Naqvi, on instructions from the Petitioner, states that the Petitioner would deposit an amount of Rs. 1,50,000/- in the Registry of this Court within a period of two weeks from today. Statement accepted. Considering the said statements, I deem it fit and proper to direct the Registry of this Court to utilize the said amount of Rs. 1,50,000/- to procure the latest version of a MacBook / laptop for the Respondent No.2 in consultation with the Respondent No. 2, which would suit the needs of the Respondent No. 2 for her further studies. If any 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641

amount remains in excess after the purchase of the Macbook / Laptop, the same be transferred in the below mentioned accounts of The High Court Employees Medical Welfare Fund at Mumbai. The High Court Employees Medical Welfare Fund at Mumbai Account No.:

000120110001337 Bank :

Bank of India Branch :

Mumbai Main IFSC Code :

BKID0000001 13.

Writ Petition No. 135 of 2026 is allowed in terms of prayer clause (a) subject to payment of costs of Rs. 1,50,000/- as condition precedent. Consequently, the impugned FIR bearing No. 184 OF 2025 and the chargesheet in case No. 184 of 2025, registered as Case No. 742 of 2025 are quashed. 14.

List this matter on 9th March, 2026, under the caption "for

compliance". Respondent No. 2 and her parents, who are present in the Court, state that they will appear before this Court on 9th March, 2026.

(ASHWIN D. BHOBE, J.)