Sahil Mangesh Dhaware @ Brava And ORS v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1583 OF 2025

1. Sahil Mangesh Dhaware @ Bravo ]

2. Sumit Vishwanath Poojari ]

3. Prithvi Vishwanath Poojari ].. Petitioners

Versus

1. The State of Maharashtra ]

2. Senior Inspector of Police, ] Charkop Police Station ]

3. Ashmit Madhur Waghela ].. Respondents Ms. Neha Patil with Mr. Ganesh Chavan, Advocates for the Petitioners.

Mr. Sahil Mangesh Dhaware @ Bravo - Petitioner No.1 is present in Court.

Mr. Sumit Vishwanath Poojari - Petitioner No.2 is present in Court.

Mr. Prithvi Vishwanath Poojari - Petitioner No.3 is present in Court.

Ms. G. P. Mulekar, Additional Public Prosecutor for Respondent No.1.

Mr. Subhash Pagare with Mr. Sharmeen Thaisildar and Mr. Sandeep Gupta, Advocates for Respondent No.3. Mr. Ashmit Madhur Waghela - Respondent No.3 is present in Court.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 1ST OCTOBER 2025.

Per, Gautam A. Ankhad, J.

The present Writ Petition is filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing, by consent, of the F.I.R. No. 48 of 2025 registered with the Charkop Police Station under 1/2 WP-1583-2025.doc Dixit

sections 3(5), 118(1), 118(2), 138, 351(3) and 353 of the Bhartiya Nyaya Sanhita, 2023.

2.

The FIR was registered at the instance of the respondent no.3 (the original complainant) against the petitioners. The FIR pertained to certain misunderstandings between the petitioners and the respondent no.3. Subsequently, the differences and misunderstanding between the petitioners and the respondent no.3 has been amicably resolved.

3.

The respondent no.3 has filed an affidavit dated 30th September 2025 recording his no objection to the quashing of the FIR and any proceedings arising therefrom. The same is taken on record and marked as "X" for identification. Mr. Sharmeen Thaisildar, the learned counsel for the Respondent No.3 reiterates his client's no objection to the quashing of FIR. 4.

It is settled law that the Court is empowered to quash the criminal proceedings to prevent the abuse of process of law, particularly, when the complainant no longer supports the complaint. Therefore, continuation of the criminal proceedings would serve no fruitful purpose. In view of the above, Writ Petition No.1583 of 2025 is allowed in terms of prayer clause (b), which reads as under:- "(b) By exercising powers under section 528 of CRPC, this Hon'ble Court be pleased to quash the FIR bearing No.48 of 2025 registered on 24th January, 2025 with Charkop Police Station under sections 118(1), 18(2), 138, 3(5), 351(3), 352 BNS, 2023 qua the Petitioner;"

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.10.07 12:20:15 +0530 2/2 WP-1583-2025.doc Dixit SNEHA ABHAY DIXIT