Sandeep Suresh Pawar v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5167 OF 2025 Sandeep Suresh Pawar .....Petitioner

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Rohan S. Darade, Advocate i/b. Sidheshwar Biradar for the Petitioner.

Ms. Sharmila S. Kaushik, APP for the Respondent No.1-State. Ms.Radhali Kadam, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 10th OCTOBER, 2025 P.C. :

1.

Leave to amend to mask the identity of the Respondent No.2 in the cause title.

2.

This is a Petition for quashing of the proceedings arising out of C.R. No.764/2023 dated 6.12.2023 registered at N.M. Joshi Marg Police Station, Mumbai under section 354(D) of IPC as well as the criminal prosecution arising therefrom being PW Case No.91/2024 pending before the learned J.M.F.C., Bhoiwada, Dadar Court (camped at Sewree), Mumbai. The FIR is lodged by the Respondent No.2.

Deshmane(PS)

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3.

Heard Mr. Rohan Darade, learned counsel for the Petitioner, Ms. Sharmila Kaushik, learned APP for the Respondent No.1-State and Ms.Radhali Kadam, learned counel for the Respondent No.2.

4.

It is not necessary to refer to the allegations in the FIR in detail because the parties have settled the matter and a prayer is made for quashing by consent. The FIR mentions that the informant had got married in the year 2002, but, she lost her husband in the year 2022. She had a daughter, aged 18 years, at the time of lodging of the FIR. The Petitioner was her childhood friend. He was a married man with two daughters and a son. He was conducting coaching classes. After she lost her husband, the informant started communicating with the Petitioner through social media and through telephonic conversation. They fell in love. They started meeting each other. They had decided to get married. The informant had asked him to leave his wife. He had accepted the suggestion and had agreed to marry the informant but she realized that he was not willing to leave his family. That started dispute between them. In October, 2023 she told the Petitioner that they were not to get married and he should not meet her. Inspite of that

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the Petitioner was making phone calls to her. Even if she had blocked his number, he used to contact her. He used to send emails to her. In December, 2023 she told him that the marriage was not possible but he did not listen to her and kept standing in front of her house. Therefore, she had to take help of the police. On these allegations, the FIR is lodged.

5.

The investigation is complete and the charge-sheet is filed. The charge-sheet contains the communications between them. There is a statement of the informant's daughter. Now the matter is settled between the parties. The Respondent No.2 has filed her affidavit. It is affirmed before the Assistant Registrar of this Court. She has stated in her affidavit that in the best interest of their children they had decided to amicably settle the matter. They have also entered into a settlement agreement dated 22.9.2025. She had given her specific no objection for quashing of these proceedings. She has also interacted with the learned APP. The learned APP stated that it is her genuine desire that the proceedings are quashed in the interest of their children and that she was giving her consent voluntarily.

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6.

Considering this situation, we are inclined to allow this Petition as no purpose would be served in continuation with the criminal prosecution and it is in the interest of justice and in the interest of the children of both the parties that the proceedings are quashed and set aside.

7.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.764/2023 registered at N.M. Joshi Marg Police Station, Mumbai as well as the consequent prosecution arising therefrom being PW Case No.91/2024 pending before the learned J.M.F.C., Bhoiwada, Dadar Court (camped at Sewree), Mumbai are quashed and set aside.

ii.

The Petition is disposed of accordingly.

( SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.10.14 17:16:45 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE