Ravindra Prabhakar Berde v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.965 OF 2025 Ravindra Prabhakar Berde, ] R/of Gandhinagar, Worli, Mumbai ] ..Applicant

Versus

1. The State of Maharashtra, ] Through Worli Police Station, Mumbai ]

2. Harshal Rajendra Berde, ] R/of Ostwal Nagar, Nalasopara (E), ] Dist. Palghar ] ..Respondents Mr. Rammani Upadhyay, Advocate for the Applicant. Mrs. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1.

Mr. Manoj O. Singh with Mr. Vinod O. Singh, Advocates for Respondent No.2.

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

DATE : 18TH SEPTEMBER 2025.

P.C. :

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 First Information Report No.890 of 2022 registered with the Worli Police Station, Mumbai under sections 177, 181, 182, 199, 200, 418, 465, 466, 467, 471 and 34 of the Indian Penal Code, 1860 as well as C.C. No.1423/PW/2023 pending before the learned 62nd Judicial Magistrate, First Class Court at Bhoiwada, Mumbai. 2.

The First Information Report was registered at the instance of the respondent no.2 (the original complainant) against the applicant. The First Information Report pertained to certain misunderstandings/disputes between the applicant and the 1/2 5-APL-965-2025-Corrected Order as per Speaking to Minutes Order dt.16-10-2025.doc Dixit

respondent no.2.

Subsequently, the differences and misunderstandings between the applicant and the respondent no.2 have been amicably resolved.

3. Mr. Manoj O. Singh, the learned counsel for the respondent no.2 has tendered an affidavit dated 18th September 2025 across the Bar recording his no objection to the quashing of the First Information Report and any proceedings arising therefrom. The same is taken on record and marked "X" for identification.

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, Criminal Application No.965 of 2025 is allowed in terms of prayer clause (a) which reads as under:- "a. This Hon'ble Court be pleased to exercise its inherent power under section 482 of the Cr.P.C. and be pleased to quash the C.C. No.1423/PW/2023 pending before learned 62nd M.M. Court at Bhoiwada Mumbai arising out F.I.R. No.890 OF 2022 of Worli Police Station, Mumbai, under sections 177, 181, 182, 199, 200, 418, 465, 466, 467, 471, & 34 of the Indian Penal Code." [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date: 2025.10.21 20:08:57 +0530 2/2 5-APL-965-2025-Corrected Order as per Speaking to Minutes Order dt.16-10-2025.doc Dixit