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Bombay High CourtWP/1413/2025disposed off

Ganesh Bharat Nakhate And ORS v. State Of Maharashtra And ANR

2026-01-17Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

by GAYATRI RAJENDRA SHIMPI Date:

2026.01.21 19:55:17 +0530 GAYATRI RAJENDRA SHIMPI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1413 OF 2025 Ganesh Bharat Nakhate & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. Prakash Wagh, Advocate for Petitioners.

Mr. Anvay Homkalas, Advocate for Respondent No.2. Ms. Pallavi Dabholkar, APP for Respondent - State. --- CORAM :

ASHWIN D. BHOBE, J.

DATE :

17th JANUARY, 2026.

P.C. :

1.

This matter was circulated on the ground, as mentioned in the praecipe dated 12th January, 2026. 2.

Today, when the matter was called out Mr. Anvay Homkalas, appears and states that he has instructions to appear on behalf of Respondent No. 2.

3.

Mr. Prakash Wagh, learned Advocate for the Petitioners, refers to the affidavit dated 6th February, 2025 of Aadil

Abdul Haq (page No. 38 of the Petition) and submits that the said person is Respondent No. 2 who has agreed to consent for quashing of the FIR.

4.

Mr. Anvay Homkalas, learned Advocate for the Respondent No.2, submits that he has no instructions from the Respondent No.2 for giving consent. He requested for a pass over to take instructions on the affidavit dated 6th February, 2025. 5.

At 5.15 p.m. Mr. Anvay Homkalas, learned Advocate for Respondent No. 2, on instructions from the Respondent No. 2, states that the Petitioners has obtained the affidavit dated 6th February, 2025 from Respondent No.2 by force and coercion. He submits that the Petitioner has today issued threats to the Respondent No. 2 threatening the Respondent No.2 of dire consequence if the Respondent No.2 does not consent for quashing of the impugned FIR. .

6.

Mr. Anvay Homkalas, learned Advocate for Respondent No. 2 on specific instructions from Respondent No. 2, states that the Respondent No. 2 does not give consent for quashing of the

FIR.

7.

In view of the above, list the matter on 5th February, 2026.

(ASHWIN D. BHOBE, J.)