Pranav Rakesh Pareskh v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.969 OF 2025 Mr. Pranav Rakesh Parekh ] Age: 32 years, Occupation: Service, ] Adult, Indian Inhabitant, currently ] residing at Apt. No.2, 198, Cambridge ] Avenue, Jersey City, New Jersey City, ] New Jersey - 07307, U.S.A., ] permanently residing at 203, Disha ] C.H.S. L.T. Marg, Gorai 2 ] Borivali (West), Mumbai-400 092 ] .... Applicant.

V/s

1. The State of Maharashtra ] At the instance of Sr. P.I.

] Borivali Police Station, Borivali (West) ] Mumbai - 400 092 ] ]

2. XYZ (Original Complainant) ] Through Borivali Police Station ] ....Respondents.

Ms. Harshada Morey i/b Mr. Sunny Waskar, advocate for the applicant.

Mrs. Mahalaxmi Ganapathy, APP for the respondent no.1-State. Ms. Itta Bhoir, advocate for the respondent no.2. CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 10th DECEMBER 2025.

P.C. :

The present Criminal Application is filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking the following relief : - "a) That this Honourable court be pleased to issue Rule; b) That this Honourable Court be pleased to quash and set aside the entire proceedings pending before the Ld. J.M.F.C. 26th Court at Borivali, Mumbai vide C.C. No.2679/PW/2025 arising out of F.I.R. bearing C.R. No.405 of 2024 registered

with Borivali Police Station on 30/05/2024 for the alleged offence punishable U/s. 376(2)(n) of the I.P.C. against the Applicant, on any such terms and conditions as this Honourable Court may deem fit and proper;

2.

The present dispute arises from a relationship between the applicant and respondent no. 2. Owing to differences that arose between them, a First Information Report bearing C.R. No. 405 of 2024 came to be registered at Borivali Police Station on 30th May 2024.

Upon the intervention of common friends and well-wishers, the parties have been able to resolve the disputes that had arisen between them.

4.

The respondent no.2 has filed an affidavit dated 4th December 2025 which records that the respondent no.2 has no objection to quashing of the criminal proceedings in view of the settlement between the parties. It also records that the respondent no.2 does not wish to proceed with the matter as the same shall cause hardship to the mental well-being of the respondent no.2 The applicant is present in the Court through VC. The respondent no.2 is present in the Court and has tendered her appearance along with the signature and a copy of her Aadhaar Card. The learned advocate for the applicant tenders a copy of the Aadhaar Card of his client and endorses the same. The said documents are taken on record and shall form part of the proceedings of this Court. 5.

The Hon'ble Supreme Court in "Madhukar v. State of Maharashtra", 2025 SCC OnLine SC 1415, it has been held that the High Court may exercise its inherent jurisdiction to quash criminal proceedings arising out of disputes wherein

the Court is satisfied that an amicable settlement has been arrived at between the parties and that such exercise would serve the ends of justice. In the present case, the parties have settled their dispute, and the respondent No. 2 has filed an affidavit expressing her consent to the quashing of the present proceedings. In view thereof, Criminal Application No. 969 of 2025 is allowed and all proceedings arising out of and consequent to FIR No.405 of 2024 are quashed and set aside. [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2025.12.24 21:43:20 +0530