Sumit Gupta S/O Surendra Gupta v. X And ANR

5-APL.977.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 977 OF 2025 Sumit Gupta S/o Surendra Gupta } Applicant versus X & Anr.

} Respondents Ms. Shyamrishi Pathak, Advocate for the Applicant. Mr. Rajeshkumar Sulapuram, Advocate for Respondent No. 1. Ms. Mahalaxmi Ganapathy, APP for Respondent No. 2.

CORAM:

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

DATE:

14th OCTOBER 2025 P.C.:

The applicant and the respondent no. 1 are present in Court. An affidavit sworn by the respondent no. 1 on 19th September 2025 is tendered in Court, which is taken on record and marked `X' for identification.

2.

On a Court's query, the respondent no. 1 states that she has sworn the affidavit dated 19th September 2025 on her free will and no pressure or the coercion was put on her to agree for quashing of First Information Report No. 938 of 2025 registered on 10th August 2025 at Pantnagar Police Station. As the parties are known to each other, they have amicably resolved their disputes, continuation of the present proceedings would be a futile exercise. In view of the law laid down in "B. S. Joshi v. State of Haryana" (2003) 4 SCC 675, the present application is allowed in terms of prayer (b), which

5-APL.977.2025.doc reads as under: - "(b) In exercise of the inherent jurisdiction of this Hon'ble Court vested by virtue of section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 and/or Section 482 of Code of Criminal Procedure, 1973, this Hon'ble Court kindly be pleased to quash FIR No. 938 of 2025 for the offences punishable under Section 115(2), 352, 69 of Bhartiya Nayay Sanhita, 2023."

JAYANT VISHWANATH SALUNKE JAYANT VISHWANATH SALUNKE Date: 2025.10.17 13:20:14 +0530 [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]