Kumar Balkrishna Shelar v. Aarti Anvnit Pandey And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 201 OF 2026 Kumar Balkrishna Shelar

...Petitioner

Versus

Aarti Navnit Pandey And Anr.

...Respondents

__________ Mr. Heramb Kadam a/w Ms. Bhakti Wast i/b Mr. Abhishek P. Deshmukh, learned Advocates for the Petitioner.

Petitioner is present in the Court.

Mr. Mayank Tripathi, learned Advocate for Respondent No. 1. Respondent No. 1 is present in the Court.

Mr. Sukanta A. Karmakar, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

22nd JANUARY 2026.

P.C. :

1.

Heard Mr. Heramb Kadam, learned Advocate for the Petitioner, Mr. Mayank Tripathi, learned Advocate for Respondent No. 1 and Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent.

2.

This Petition is preferred under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 by the Petitioner for quashing of the First Information Report bearing no. 303 of 2025 dated 12.12.2025 registered with Palghar Police Station, District-Palghar for the offence punishable under Sections 74 & 75(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Petitioner is present in the Court along with his Advocate Mr. Heramb Kadam. Respondent No. 1 is present along with her Advocate Mr. Mayank Tripathi. Mr. Heramb Kadam and Mr. Mayank Tripathi, learned Advocates for respective parties jointly submit that Petitioner and Respondent No. 1 have resolved their differences and Respondent No. 1 has given No Objection for quashing of the criminal proceedings. They submit that no purpose would be served in continuing the criminal proceedings against the Petitioner and the same be quashed.

4.

Mr. Mayank Tripathi tenders the Affidavit dated 24.12.2025 affirmed by Respondent No. 1 before the Notary Advocate Mr. Anand B. Mali, District-Thane & Palghar. Said Affidavit dated 24.12.2025 is taken on record and marked as "X" for identification. Respondent No. 1 states that she has filed the said Affidavit out of her own free will and without any pressure, force or coercion from any person. She states that the contents of Affidavit dated 24.12.2025 are as per her say. She reiterates her No Objection for quashing of the criminal proceedings.

5.

Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent submits that in view of the statements made today by Respondent No. 1 before this Court and the statements made in her Affidavit dated 24.12.2025, no purpose would be served by continuing with the criminal proceedings. She therefore submits that the impugned FIR and the charge-sheet, can be quashed.

6.

Having regards to the facts as placed before me, the nature of dispute, the amicable settlement arrived between the parties, the

statements made on oath by Respondent No. 1 (Affidavit dated 24.12.2025) and having regards to the judicial pronouncements by the Hon'ble Supreme Court in the cases of Gian Singh v/s. The State of Punjab and Another1, Narinder Singh and Others v/s. State of Punjab and Another2 and Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.3, to secure ends of justice I deem it fit and proper to exercise powers under Section 528 of the BNSS to quash the criminal proceedings. 7.

In view of the above, Petition is allowed in terms of prayer clause (a). Consequently, FIR No. 303 of 2025 dated 12.12.2025 registered with Palghar Police Station, District-Palghar for the offence punishable under Sections 74 & 75(2) of the Bharatiya Nyaya Sanhita, 2023, is quashed. Criminal proceedings against the Petitioners arising out of the impugned FIR are closed. 8.

Criminal Writ Petition No. 201 of 2026 is disposed of. No order as to costs.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.02.03 20:47:03 +0530 GITALAXMI KRISHNA KOTAWADEKAR

1. (2012)10 Supreme Court Cases 303.

2. (2014)6 Supreme Court Cases 466.

(2017) 9 SCC 641.