Kartik Narendra Patani v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6413 OF 2025 Kartik Narendra Patani ] .. Petitioner Vs.

1. The State of Maharashtra, ] Through Arnala Police Station ]

2. Jackleen D. Mudaliar ] .. Respondents Mr. Vijaykumar Mishra with Mr. Kunal M. Patel, Advocates for the Petitioner.

Mrs. Mahalaxmi Ganapathy, Additional Public Prosecutor for Respondent No.1.

Ms. Nirali Sharma, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 23RD DECEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present Writ Petition is filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR. The First Information Report No.186 of 2025 was registered at the instance of the respondent no.2 with Arnala Police Station on 18th November 2025.

2.

The parties have now amicably settled their differences. Ms. Yadav, the learned counsel for the respondent no.2, has tendered an affidavit dated 23rd December 2025 which records that the respondent no.2 has no objection to quashing of the FIR. It is recorded that the said affidavit has been executed out of her own free will, without any pressure or coercion. Both the parties are present in the Court and identified by their respective counsel. 1/2 9-WP-6413-2025.doc Dixit

The parties have affixed their signature and recorded their appearance in their own handwriting. The appearance and self attested copy of the Aadhaar Card of the respondent no.2 is taken on record.

3.

The Hon'ble Supreme Court in "Madhukar v. State of Maharashtra" 2025 SCC OnLine SC 1415 has held that ordinarily quashing of proceedings involving offences of heinous and grievous in nature is discouraged and should not be permitted lightly. However, the inherent powers secure the ends of justice are not constrained by a rigid formula and must be exercised with reference to the facts of each case. In the present case, the differences between the parties have been settled and the respondent no.2 does not wish to proceed with the prosecution. Thus, continuance of proceedings would not serve any purpose. Writ Petition No.6413 of 2025 is allowed in terms of prayer clause (a) which reads as under:

"(a) That this Hon'ble Court may be pleased to invoke the inherent powers under the provisions of Article 227 of the Constitution of India, 1950 and/or section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by issuing a writ of certiorari or writ in the nature thereof thereby quashing the First Information Report No.186 dated 18.11.2025 registered under section 69 of the Bharatiya Nyaya Sanhita, 2023 with Arnala Police Station." [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] SNEHA ABHAY DIXIT SNEHA ABHAY DIXIT Date: 2025.12.25 12:58:08 +0530 2/2 9-WP-6413-2025.doc Dixit