Tejas Anant Sawant And ANR v. Audumbar Ganpat Pawar And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.812 OF 2025 Tejas Anant Sawant & Anr.

.... Applicants V/s Audumbar Ganpat Pawar & Anr.

.... Respondents Dr. Samarth Shrikant Karmarkar a/w Adv. T.S. Shrivastava i/b Karmarkar & Associates for Applicants.

Mr. Swapnil R. Patil a/w Mr. Shaunak N. Parulekar i/b Ms. Reshma Apte for Respondent No.1.

Mr. K. V. Saste, A.P.P. for Respondent No.2-State. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 25TH SEPTEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present criminal application 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 FIR bearing C. R. No. 395 of 2022 registered with the Samta Nagar Police Station under sections 115(2), 118(2), 351(2), 352, and 3(5) of Bhartiya Nyay Sanhita, 2023.

2.

The FIR was registered at the instance of respondent no.2 (the original complainant) against the applicants. The FIR pertained to certain misunderstandings/disputes between the applicants and the respondent no.2. Subsequently, the differences and misunderstanding between the applicants and the respondent no.2 has been amicably resolved.

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3. Mr. Swapnil R. Patil, the learned advocate for respondent no.2 confirms the settlement and has filed an affidavit dated 24th July 2025 recording his no objection to the quashing of the FIR and any proceedings arising therefrom.

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, the Criminal Application No.812 of 2025 is allowed in terms of prayer clause (a), which reads as under:- "a. That, this Hon'ble Court be pleased to be quash and set aside in FIR bearing CR. No. 395 of 2025 lodged with Samata Nagar Police Station, Mumbai, 115(2), 118(2), 351(2), 352, and 3(5) of BNS, 2023:" [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2025.09.29 20:50:22 +0530 2/2 bdp